Skip to main content

Full text of "North Carolina Register v.5 no. 3 (5/1/1990)"

See other formats


:^?^^^ Vr:^j / ^y^ ^^/,i\:x I [J u-'] 



^5C?)VED 



Way 2 



1930 



The 



^^ UBftA^Y 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



^<5^ 






EXECUTIVE ORDERS 



FINAL DECISION LETTERS 



PROPOSED RULES 



Human Resources 



Insurance 



Justice 



Public Education 



State Personnel 



ISSUE DATE: MAY 1, 1990 



Volume 5 • Issue 3 • Pages 236-285 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executi\e, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\e rules and amendments filed under Chapter 
I SOB must be published in the Register. The Register 
will typically comprise approximateh' fift\- pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
\arious state officials and institutions. The \ortli Carolina 
Register is available by yearly subscription at a cost of 
one hundred and fi\e dollars (S 105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrati\e Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Siibscriptio^is. 

ADOPTION, AMENDMENT, AND REPE.AL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effecti\e date. 

The Director of the Oftice of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Di\ ision of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute pro\ides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agenc}' 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the .'\dministrati\e Rules Re\iew Commission. Upon ap- 
pro\ al of .ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantialh- from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
North Carolina Register. 

.\ rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules ma>' be withdrawn by the 
promulgating agency at an>- time before final action is 
taken b\" the agencv. 

TEMPORARY RULES 

Under certain conditions of an emergencv nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whiche\er is less. .4n agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH C.\ROLINA .ADMINISTRATIVE CODE 

The North Carolina Administrati\e Code (NCAC) is 
a compilation and index of the administrati\e rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximateh' 15,000 letter size, 
single spaced pages of material of which approximate- 
Iv 35 "o is changed annualh'. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b|. 

The Code is di\ided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The \C.-\C is a\'ailable in t\\o formats. 
(Ij Single pages ma}' be obtained at a minimum 
cost of two dollars and 50 cents (S2.50) for 10 
pages or less, plus fifteen cents (SO. 15) per each 
additional page. 
(2) The full publication consists of 52 \olumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthh with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars (S750.00). In- 
di\'idual \olumes may also be purchased with 
supplement service. Renewal subscriptions for 
supplements to the initial publication available. 
Requests for pages of rules or volumes of the XC.AC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
page number and date. 1:1 NCR 101-201, April 1, 1986 

refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on .April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 2760^4, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars (S105.00) per year. 
North Carolina .Administrative Code. Published 
in looseleaf notebooks with supplement sen'iceby 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, .N'orth Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
(S750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 
P. O. Drawer 11666 
Raleii^h. \C 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcclla Sr., 

DcpiilY Director 
Molly \Iasich, 

Director A PA Services 



I. EXECLTIA'E ORDERS 

Executive Orders 107-110 236 



IE EINAE DECISION LEIl ERS 

Voting Rights Act 241 



III. PROPOSED REEES 
Human Resources 

Health Ser\ices 245 

Social Services 247 

Youth Services 261 

Insurance 

Life: Accident and Health 264 

Justice 

Office of the Attorney 

General ...273 

Public Education 

Elementary and Secondary 275 

State Personnel 

State Personnel Commission ...277 



IV. CE.MUE.ATIVE INDEX. 



.284 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial A ssistant 
Jean Shirley, 

Editorial Assistant 



NORTH CAROLINA REGISTER 

Publication Schedule 

(January 1990 - December 1991) 



Issue 


L^st Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+♦++++++ 


♦++♦*♦♦♦ 


+++++♦♦+ 


++++♦♦++ 


++♦+♦+++ 


01/02/90 


12/07/89 


12/14/89 


02 01/90 


05/01/90 


01/16;90 


12/20/89 


12/29 89 


02 15 '90 


05/01/90 


02/01/90' 


01/10/90 


01/18/90 


03/03/90 


06/01/90 


02/15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02/22/90 


03/01/90 


04/ 14/90 


07/01/90 


04 '02,90 


03/12/90 


03/19,90 


05 02/90 


08/01/90 


04/16/90 


03/23/90 


03/30 90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17,90 


05/31/90 


09/01/90 


05/15'90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07 01/90 


10/01/90 


06/15/90 


05/24/90 


06/01/90 


07 15/90 


10/01/90 


07/02 90 


06/11/90 


06/18/90 


08 01/90 


11/01/90 


07/16/90 


06/22/90 


06/29/90 


08 '15/90 


11/01/90 


08/01/90 


07/11/90 


07/18,90 


08/31/90 


12/01/90 


08/15/90 


07/25/90 


08/01,90 


09/14/90 


12/01/90 


09 04 '90 


08/13/90 


08/20/90 


10-04/90 


01/01/91 


09/14/90 


08/24/90 


08/31/90 


10/14/90 


01/01/91 


1001 90 


09/10/90 


09/17/90 


10 '3 1/90 


02/01/91 


10/15/90 


09/25/90 


10/02/90 


11/14/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10/24/90 


10/31/90 


12' 14/90 


03/01/91 


12/03/90 


11/08/90 


11/15/90 


01 02/91 


04/01/91 


12/14/90 


11/21/90 


11/30/90 


01 13,91 


04/01/91 


01/02/91 


12/07/90 


12/1490 


0201/91 


05/01/91 


02/01/91 


01/10/91 


01/18,'91 


03.03/91 


06/01/91 


03/01/91 


02/08/91 


02/15/91 


03 '3 1/91 


07/01/91 


04/01/91 


03/11/91 


03/18/91 


0501/91 


08/01/91 


05/01/91 


04/10/91 


04/17/91 


0531/91 


09/01/91 


06''03/91 


0510/91 


05/17/91 


07 03/91 


10/01/91 


07/01,91 


06/10/91 


06/17/91 


07 31/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


0831/91 


12/01/91 


09/03/91 


08/12/91 


08/19/91 


10 03 '91 


01/01/92 


10 01 '91 


09/10/91 


09/17,91 


10 31/91 


02/01/92 


11 01 '91 


lOil/91 


10/18/91 


12 01/91 


03/01/92 


12/02/91 


11/07,91 


11/14/91 


01 01/92 


04/01/92 



* The "Earliest Effeclive Date" is computed assumini^ that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Re\'iew 
Commission by the 20 ih of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXPXLTIVE ORDER NUMBER 107 

NORTH CAROLINA GOVERNOR'S 

COMMISSION ON WORKFORCE 

PREPAREDNESS 

North Carolina has enjoyed the status of being 
the first in economic development in the nation 
for three consecutive years. In large part, this is 
due to the availability of a highly motivated, 
competent workforce which is devoted to the 
work ethic. 

However, global economic and technological 
forces are creating a new knowledge-intensive 
economy that requires a highly-adaptable and 
better-educated worker. The new workplace de- 
mands workers with good basic academic skills, 
problem-solving skills, communication skills, and 
leadership skills. Most importantly, employers 
need workers who know how to learn and can 
readily adapt to a changing work environment. 
Yet, many North Carolinians are not prepared 
for the new skill requirements of the workplace. 
Too many problems persist among our human 
resources that suggest a growing gap between the 
skiUs employers need and the skills both new and 
experienced workers bring to the labor market. 
These problems include an unacceptable number 
of high school dropouts, high school graduates 
who show serious skill deficiencies, and adults 
who are unemployed, underemployed or face 
dislocation in the future because of illiteracy or 
inadequate basic skills. 

Further, projections indicate that future demo- 
graphic shifts will create both opportunities and 
problems regarding workforce preparedness. A 
shrinking pool of new workers provides us a 
window of opportunity to lift out of poverty 
those segments of our population who histor- 
ically have been stalled on the lower rung of our 
economic ladder. However, this same popu- 
lation that we will depend upon to reheve the 
growing labor shortage faces formidable barriers 
to employment because they are the least skilled 
of our citizens. 

The education and skill level of North 
Carolina's human resources are the foundation 
of our economic prosperity and a means by 
which we can increase productivity, raise our 
standard of living and lift our poor out of pov- 
erty. Recognizing this basic premise, we must 
begin to build an education, employment and 
training system that wiU upgrade the skills of our 
existing workforce and prepare new workers for 
a constantly changing economy. 

For these reasons, I hereby establish a Com- 
mission on Workforce Preparedness to raise these 
concerns to the highest level of commitment 
amonc the agencies of the State of North 



Carolina. Further, this Commission is to assure 
the greatest cooperation possible between pubhc 
and private entities in resolving these concerns. 

Therefore, by authority vested in me as Gover- 
nor by the Constitution and laws of North 
CaroUna, IT IS ORDERED: 

Section 1. ESTABLISHMENT. There is hereby 
established the North Carolina Governor's 
Commission on Workforce Preparedness. 

Section 2. MEMBERSHIP (a) The Commis- 
sion shall be composed of the following officials 
of the State of North Carolina and public mem- 
bers: 

Commissioner - Department of Labor 
Superintendent - Department of Pubhc 

Instruction 
Secretary - Department of Administration 
Secretary - Department of Economic and 

Community Development 
Secretary - Department of Human 

Resources 
Secretary - Department of Correction 
President - North Carolina System of 

Community Colleges 
President - University of North Carolina 
Chairman - Employment Security 

Commission 
Chairman - State Board of Education 
Chairman - N.C. Job Training Council 
Chairman - N.C. Business Committee for 

Education 
Chairman - N.C. Advisor, Council on 

Vocational Education 
Eight employers who fairly represent 

the spectrum of employers and the 

population in North Carolina. 
Three state Senators to be appointed by 

the Lt. Governor. 
Three representatives appointed by the 

Speaker of the I louse of Representatives. 
Three members at large. 

(b) The Chairman shall be appointed by, and 
serve at the pleasure of, the Governor. 

(c) The Secretary' of Department of Fxonomic 
and Community Development, the Superinten- 
dent of Public Instruction, the President of the 
N.C. System of Community Colleges, and the 
Vice President of the L'niversity of North 
Carolina shall be the Vice-Chairmen of the 
Commission. 

Section 3. MELTINGS, (a) The Commission 
shall meet at such times and locations as desig- 
nated by the Chairman but not less than quar- 
terly. All members who arc public officials shall 
attend all meetings in person unless prevented 



5:3 NORTH CAROLINA REGISTER May I, 1990 



236 



i:\i:( urn lOKDiRs 



liom iKnii;'. sii t>N illiu'ss in l>\ lluii onui.il ilulics 
h.iMii!; prionl> owi llu'ir ri-spoiiNihililifs .is 
I'muiiiissiim incmhiTs, in whuli lasf .ibscnf 
nicinlxTS may hf irpivsfiilcil !■>> llu-ir ilcsigiii'fs 
\vlu> shall hi- aulhori/i-il lo volf. 

(h) I'oi tlu' piirptisf of I'oiHhu'tiin; busiiu-ss. a 
i]iionmi ol iIk' C'lMniuission shall lOiisisI ol Id 
iiumuIhts iM llifii ik'simiffs, 

Si-iliou 4. I'lkl'OSI . (a) Dili- uoal in cstab- 
lishinj; ihf Commission is lo ilfvclop slrak'uu's 
(hat will upuiailf llif skills ol our (.-xisting 
\\orkrori.i.' aiul pn-paii' lu-w woikfis lor a ion- 
slanlh ihaiiginn fioiiomy. t\insi-qiK-iill\ , tlu- 
I'onimissioii shall picpaiv aiul suhmil loithwith 
lo ihi.' (.ioMMiuM a stialciik' and lompiflu-nsix f 
plan loi I'ni't'lixfK aililivssini; pivsi'iit aiul luluif 
woiklouf lU'tils in Norlh t'arolina 

[b] Pnoi to siibmilling ihi' (.■ompii'hfusn f plan 
lo llu- CioMinor. flu- C'ommission ma\ ilcwlop 
aiul iriommciul lo llu' (.iim-riioi siuh ink-inif- 
tliaU' iiKMsurcs 111 ihc au'as ol Workloivo 
I'u'paicJiirss as tlu' t'oiniiiission ik'fins appro- 
pnalf 

Scitioii s lMlR\c,l^(^ lOMMiriiis 



llu- l-'oiumission on Workloni.' I'lvpaivilni'ss 
ma\ fslablish siuh iiiliM-agoiu-N I'ommilk'L's as 
an.' lU'i'fssaiN lo pioxiilf tlu' (.\imniission wilh 
(."xpcil ail\ ill" anil assislamx'. 1 lu-si' inliM-am'iiiy 
lommilU'i's may lonsisl ol piisonni'l tiom llu- 
publii' a^i'iuios aiul iiulnuluals liom the pinaU' 
si'iiion. 

Siilioii (V KHtPl R AVION (II' S 1 A ir ACil N 



C 1 1 S On ifiUK'sI all auiMuics aiul ilipailnu'iils 
oi llu- Slatf ot Norlh (."arolina shall lOopi'iaU' 
wilh llu- Commission in tlu' ili'Mlopnu-nt ot llu' 
i-ompivlu'iisiM- plan, .iiul in tlu" ik'x I'lopnu'iil .iiul 
ri'i'omnu'nil.ilion to tlu' (.iincnuM ot suih im- 
nu'ih.iii' ,ii lions or inili.iln I's ,is ik'liTmnu'il iiiuloi 
.Si\tion 4\b) ot this Oiik'i. 

.Si-ilioil ~ AinilNISI R \ ll\ I SI VVOR I \NI) 
I XI'l'N.SI S. Ihosi" agciKMCS aiul ilcpartiiuMils 
R'pivst-nU'il on the Commission sh.iU pioviik- 
such sl.ilV .iiul .ulmmistr.ilixi.' support .is m.i\ bo 
ivqnosk'il by the C'ommission. 

No per ilii'in will Iv p.iiil to lommissioii inom- 
bcrs. 1 hosi' nu'inbi'rs ot the (."ommission who 
,uv sl.ik' employees sh.ill reeene ti.nel .iiul 
subsistenee in .leeoiilanee with ci S 1 ^S-(\ 

Those members otilu" C\immission who .ue ,ilso 
members ot the CieiuTal Assembly sh.ill reeene 
iv.wel .Mill subsistenee m .leeoril.mee with Ci.S. 

l2tl-.vUaX.^V(aH-4). Those members of the 
(."ommission who are no\ sl.ile employees shall 



receive Ir.ivcl ;iiul subsistence in accordance wilh 
(.i.S. l.^S-.S lo be ixiid by ihe ncp.irtmenl of Ad- 
niinistralion. 

Seclion S. This order shall be elTective imnie- 
dialely .ind siiall remain in elTect until terminated. 

Hone in l\aleii;li, Nortli Carolina, Ihis llu' 14lli 
day of M.ireh, l')')l). 

I\K( iriNK OKDI'K MMHIK lOS 
KHSIAHI ISIIMINI ()!• NOKlll ( AKOI INA 

DKii; ("ahim;i" and kks( l.ssl()^ ok 

l\l-( lillVK. OKDKKS SO, 81, AM) <>7 

W 111 Rl AS, by Ixeciitivc Order Number SO, I 
est.iblisheil the North Carolina Hrug Cabinet lo 
develop and submil to Ihe (iovenuir a proposed 
comprehensive plan tor elVeetively combating 
ti.itriekiiif; and illeu.il drug use in Norlh Carolina, 
inelndiuiz .ippiopn.ile punishment and tor ihe 
ediic.ition and tie.ilment ot those cili/ens sulVer- 
ing tiom drni; .ibuse and dependency; and 

\V111 Rl AS.' on M.ireh 1'), p)')(), the North 
C'.irolina Pnig Cabinet submilteil lo mc a com- 
piehensne pi. in tor etVeclively combating tral- 
tieking aiul illeg.il drug use in North Carolina, 
including .ippropii.ite punishmeni and tor the 
ediicalion and trcalmenl of those citizens sulTer- 
iiig tiom dnig abu.se and dependency; and 

\\ 111 Rl .AS, il appears to me afler a ihorough 
ie\iew ol Ihe Norlh C'arolin.i Orug Cabinet s 
eompieliensi\e pi. in tli.it implementation ot the 
pi. in will be best accompli.shed by a central 
.igency responsible tor the ciuinlination ot the 
st.ite s .inli-dnig efloils; 

NOW nil Rl lORl , by the aulhoiity vested in 
me .IS Cimenior b\ the Constilulion and laws of 
North C'aiolin.i, 11 IS OROl Rl 1): 

Seclion 1. I'st.iblishnu'iit. The North Carolina 
Onig C'abinel is hereby reest.iblished as the cen- 
Iral agency responsible for the coordin.Uion oi 

the st.ite s .lull-drug etlorl. 

Seclion 1. Membership. (a) The North 
C'arolina Pnig C'abinel shall be composed of the 
tbllowing otTicials of the State oi North Carolina: 

(1) the 1 leulenant Ciovenuir; 

(2) the .Vllomey Ciener.il; 

(.M ihe SuiXMnnlendent of the Pep.ulment oi' 
Public Instruction; 

(4) the Secrel.in oi the nep.ntmenl oi ,\il- 
minislr.ilion; 

(.'^) llie Secret. ii\ ot the nep.irtment of Cor- 
rect ion; 

((■i) the Secret. iiy ol the nei^.irlment ot C~nme 
C"onli\il aiul I'ublic Sately ; 



.v.^ yOKTH (AR()I.I.\A RFdlSTFR May 1,1990 



EXECUTIVE ORDERS 



(7) the Secretary of the Department of Eco- 
nomic and Community Development; 

(8) the Secretary of the Department of Envi- 
rormient, Health and Natural Resources; 

(9) the Secretary of the Department of Hu- 
man Resources; and 

(10) the Secretary of the Department of 
Transportation, 
(b) The Lieutenant Governor shall be the 
Chairman of the Cabinet. 

Section 3. Meetings, (a) The N.C. Drug 
Cabinet shall meet at such times and locations 
as designated by the Chairman but not less than 
monthly. All members shall attend all meetings 
in person unless prevented from doing so by ill- 
ness or by their official duties having priority over 
their responsibilities as Drug Cabinet members, 
in which case absent members may be repres- 
ented by their designees. 

(b) For the purpose of conducting business a 
quorum of the Drug Cabinet shall consist of 
seven members or their designees. 

Section 4. Responsibilities, (a) The North 
Carolina Drug Cabinet shall be responsible for: 

(1) coordinating and overseeing the imple- 
mentation of the comprehensive "Plan of 
Action for the State of North Carolina"; 

(2) developing a formal evaluation procedure 
for state drug and alcohol programs and 
to systematically evaluate on an annual 
basis all state drug and alcohol programs; 

(3) monitoring state drug and alcohol pro- 
grams to reduce overlap of programs; 

(4) monitoring federal and state dollars to 
enhance greater utilization of available re- 
sources; 

(5) developing a uniform system of collection 
and dissemination of drug and alcohol re- 
lated data, research, and programmatic 
funding information; 

(6) recommending to the Governor changes 
in state drug and alcohol policies, pro- 
grams and statutes; 

(7) assisting state agencies in disseminating 
information on new anti-drug laws, poli- 
cies and available support; 

(8) linking federal and state anti-drug and al- 
cohol resources with state and local agen- 
cies and programs in need of support; 

(9) coordinating the state's Challenge Pro- 
gram for building county and municipal 
task force addressing local drug and alco- 
hol related programs and policies; 

(10) develop a state "Partnership for Drug 
Free Public Housing" program which ad- 
dresses the special needs of inner city 



communities being destroyed by drug ac- 
tivities; 

(11) develop and implement the "N.C. Drug 
Free" public awareness campaign; and 

(12) other duties as may be assigned by the 
Governor. 

(b) The North Carolina Drug Cabinet shall re- 
port on its activities and progress on a semian- 
nual basis to the Governor and the public. 

Section 5. Advisory Councils. The Governor's 
Council on Alcohol and Drug Abuse Among 
Children and Youth established by Executive 
Order 23 and the Govemor's Inter-Agency Ad- 
visory Team on Alcohol and Drug Abuse estab- 
lished by Executive Order 53 shall act as advisors 
to the Drug Cabinet. The Drug Cabinet may 
establish other advisory councils as needed to 
provide the Cabinet with expert advice in specific 
areas such as law enforcement related activities, 
health treatment and education. 

Section 6. Administrative Support and Ex- 
penses. Those agencies and departments repres- 
ented in the Drug Cabinet shall provide such 
staff, administrative and fmancial support as may 
be requested by the Governor. 



Section 7. 
51, and 97. 



Rescission of Executive Orders 80, 



Executive Orders 80, 81, and 97 are 

hereby rescinded. 

Section 8. This order shall be effective imme- 
diately and shall remain in effect until terminated. 

Done in Raleigh, North Carolina, this the 19th 
day of March, r990. 

EXECUTIVE ORDER NUMBER 109 

THE NORTH CAROLINA SPORTS 

DEVELOPMENT COMMISSION 

WHEREAS, the Department of Economic and 
Community Development is charged with the 
duty of promoting and assisting in the total eco- 
nomic development of North Carolina; and 

WHEREAS, sporting events represent an ex- 
panding market with positive economic effects; 
and 

WHEREAS, it is the duty of the Sports Devel- 
opment Office to develop and promote efforts to 
recruit sporting events, sporting franchises, and 
training centers to North Carolina; and 

WHEREAS, an advisory commission to advise, 
assist, and support the Sports De\'elopment Of- 
fice and the Department of Economic and Com- 
munity Development in matters invohing sports 
development initiatives is necessary. 



5:3 NORTH CAROLINA REGISTER May 1, 1990 



238 



EXECUTIVE ORDERS 



NOW THEREFORE, By the authority vested in 
me as Governor by the Constitution and laws of 
North Carolina, IT IS ORDERED: 

Section 1. Establishment. There is hereby es- 
tablished the North Carolina Sports Develop- 
ment Commission. 

Section 2. Membership. The Governor shall 
appoint the members of the Commission. The 
Commission shall consist of no fewer than 12 
members and no more than 24 members. 
Members shall be representatives of sports agen- 
cies and organizations, government entities, the 
business community, or individuals who have an 
interest in sports development. 

Section 3. Terms. AW members shall ser\e at 
the pleasure of the Governor. 

Section 4. OlTicers. The otTicers of the Com- 
mission shall be a Chairman, Vice-Chairman, 
and Secretary. The Governor shall designate a 
Chairman from the membership. The \'ice- 
Chairman and Secretan." shall be elected by the 
Commission. AM officers shall sen'e for a term 
of one (1) year. Vacancies in any office shall be 
filled for the unexpired term by election or ap- 
pointment depending on the office vacated. The 
officers shall have the following duties: 

Chairman: It shall be the duty of the 
Chairman to preside at all meetings of the 
Commission, to appoint all committee 
chairmen, to assist all chairmen in planning 
of committee activities, to super\'ise all 
chairmen as to the management of com- 
mittee plans, to call all special meetings 
with the approval of the Assistant Secretary 
for Economic Development, and to be an 
e.x officio member of all committees. 
\'ice- Chairman: The Vice-Chairman shaU 
assist the Chairman and in the absence of 
the Chairman shall perform the duties of 
the otTice of the Chairman. The Vice- 
Chairman shall accept special assignments 
from the Chairman and perform other such 
duties as delegated by the Commission. 
Secretary': The Secretary shall be respon- 
sible for the minutes of the meetings of the 
Commission and the Executive Commit- 
tee, and shall keep an up-to-date list of 
names and addresses of Commission 
members and a record of their attendance 
at meetings. 

Section 5. Executive Committee. There shaU 
be an E.xecuti\e Committee consisting of the 
Officers of the Commission, the Assistant Secre- 



tary for Economic Development, and the Direc- 
tor and the Assistant Director of the Sports 
Development Office. The Executive Committee 
may exercise all of the operating authority of the 
full Commission within the power delegated to 
it by the Commission. The full Commission 
shall remain responsible for the actions of the 
Executive Committee and shall remain responsi- 
ble for supervision of the Executive Committee. 

Section 6. Meetings. The Commission shall 
meet at least quarterly. Members shall receive 
notice of full Commission meetings at least 
twenty-one (21) days prior to the meeting. A 
quorum shall consist of a majority of the current 
Commission membership. The 1989 revised 
edition of Roberts Rules of Order shall be the 
parliamentar>- authority for all matters of proce- 
dure. 

Section 7. Administrative Support and Ex- 
penses. The staff of the Sports Development 
Office shall provide administrative support to the 
Commission. A Sports Development Office staff 
member shall serve as Administrator to the 
Commission. Permanent records of all Com- 
mission business shall be maintained in the 
Sports Development OfTice and shall be the re- 
sponsibility of the Administrator. While on of- 
ficial business, members of the Commission who 
are State employees will review necessan,' travel 
and subsistence expenses as authorized by 
N.C.G.S. 138-6. .Members of the Commission 
who are not State employees wLU receive per 
diem, travel and subsistence as authorized by 
N.C.G.S. 138-5. Eunds for reimbursement of 
such expenses shall be made available from funds 
authorized by the Sports De\elopment Office. 

Section 8. Duties and Powers. The Commis- 
sion shall perform such duties as assigned by the 
Governor. It shall ha\e the following specific 
duties, powers, and functions: 

(1) assist the Sports Development OfTice in 
planning and implementation of sports 
development initiati\es; 

(2) act as spokespersons for the State of North 
Carolina in its efforts to attract sports ac- 
tivities; 

(3) assist in the creation and updating of di- 
rectories containing the following infor- 
mation: 

A. current sporting e\ents being held in our 
State: 

B. facilities a\ailable for sporting events in 
our State; and 

C. available sporting events and bid dead- 
lines; 



2i9 



5:i NORTH CAROLINA REGISTER May 1,1990 



EXECUTIVE ORDERS 



(4) assist the Sports Development Office in 
forming a partnership with the governing 
associations of sporting activities, the 
North Carolina business community, in- 
dividuals who conduct major and minor 
sporting events, and key facility managers 
in our state; 

(5) assist in bid preparation and project pro- 
motion; and 

(6) advise and assist in the development of 
future goals and objectives for the Sports 
Development Office. 

The Commission's role shall be advisory in na- 
ture. AH decisions regarding the adoption of 
policies shall be the responsibility of the Secre- 
tary of the Department of Economic and Com- 
munity Development and the Sports 
Development Office. 

Section 9. Semiannual Report. The Commis- 
sion shall report semiannually to the Governor 
regarding the progress of sports development in 
North Carohna. 

This Order is effective immediately and shall 
remain in effect until March 29, 1992, unless 
amended or extended by further Executive Order 
of the Governor. 

Done in Raleigh, North Carolina, this the 29th 
day of iMarch, 1990. 

EXECLTIVE ORDER NUMBER 110 

GOVERNOR'S ADVISORY COUNCIL 

ON INTERNATIONAL TRADE 

WMLRF.AS, international trade is an important 
factor in the growth of the economy of our State; 
and 

WHnRI;AS, it has been made to appear to me 
that an advisory council is necessary to foster 
international trade; 

NOW TIlERliFORE, by the authority vested in 
me as Governor by the Constitution and laws of 
North Carolina, IT IS ORDLRED: 

Section 1. Establishment. There is hereby es- 
tablished the Governor's Advisory Council on 
International Trade. 

Section 2. Membership. The Governor shall 
appoint persons to ser\'e on the Advisory Coun- 
cil. The Council shall consist of no fewer than 
9 members. Those persons appointed shall be 
leaders in various aspects of international trade. 



Section 3. Chairmanship and Terms. The 
Governor shall designate the Chairman of the 
Advisory Council. All members shall serve at 
the pleasure of the Governor. 

Section 4. Meetings. The Council shall meet 
on a quarterly basis or as directed by the Gover- 
nor or the Secretary of the Department of Eco- 
nomic and Community Development. 

Section 5. Duties and Powers. The Council 
shall perform such duties as assigned by the 
Governor which shall Include, but not be limited 
to, the following: 

a. serve as a forum for international trade 
leaders in North Carohna to exchange 
concepts in international trade develop- 
ment; 

b. facilitate the development of international 

trade initiatives and communicate these 
initiatives to economic development and 
business interests in the State; 

c. offer advice regarding international trade to 

the Department of Economic and Com- 
munity Development; 

d. build a network of pubUc and private in- 
terests in international trade; 

e. assist in creating a plan for international 
trade development in North Carolina; and 

f set specific goals and monitor the progress 
of international trade development. 

Section 6. Administration and Expenses. Ad- 
ministrative support for the Council shall be 
provided by the Department of Exonomic and 
Community Development. \VMle on official 
business, members of the Council shall be enti- 
tled to such per diem and reimbursement for 
travel and subsistence as may be authorized for 
members of State Boards and Commissions gen- 
erally, pursuant to N.C.G.S. 138-5 and 138-6. 
The Secretary of the Department of Economic 
and Community Development shall provide 
funds for this purpose. 

Section 7. Semiannual Report. The Council 
shall report semiannually to the Governor re- 
garding the progress of international trade devel- 
opment. 

This Executive Order is effective immediately 
and shall remain in effect until .March 29, 1992, 
unless terminated earher or extended by further 
Executive Order. 

Done in Raleigh, North Carolina, this the 29th 
day of March, 1990. 



5:3 NORTH CAROLINA REGISTER May I, 1990 



240 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. /20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

Office of the Assistant Attorney General Washington, D.C. 20530 

April 9, 1990 

Michael Crovvell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 
Raleigh. North Carolina 27602 

Dear Mr. Crowell: 

This refers to the following voting changes for the board of commissioners and the hoard of edu- 
cation of Perquimans Countv, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c: 

1. Act No. 104, H.B. No. 789 (1989), which provides for an increase in the number of county 
commissioners from five to seven, the elimination of the residency requirement, the use of plurality vote 
in primary elections, the method of staggering terms, the appointment of two interim board members, 
and the implementation schedule; and 

2. Act No. 105, H.B. No. 790 (1989), which provides for an increase in the number of school 
board members from five to seven, the elimination of the residency requirement, the method of stag- 
gering terms, the appointment of two interiin board members, and the implementation schedule. 

We received the information to complete these submissions on February 9, 1990. 

We have carefully considered the information you have provided as well as comments and infor- 
mation from other interested parties. At the outset, we note that presently both the board of com- 
missioners and the school board are chosen in at-large elections, and further that each board member 
is elected from a particular residency district. Our analysis of the election returns indicates that, in the 
context of an apparent pattern of raciaUy polarized voting, this election system has enabled the white 
majority of the electorate to control county elections to the extent of precluding black voters from 
electing candidates of their choice to county office. Indeed, despite numerous black candidacies, which 
have been supported in major part by black voters, no black person has been elected to either board. 

As wc understand it, it was in this setting that members of the black community approached 
county officials with their concerns that the at-large system denies black citizens an equal opportunity 
to participate in the pohtical process, a result prohibited by Section 2 of the Voting Rights Act, 42 
U.S.C. 1973. In response, a study committee was established to examine whether a district method 
of election should be adopted. 

However, the steps taken by the county in pursuit of its stated goal of considering the adoption 
of a districting plan would appear to have been of a rather dubious nature. The only two districting 
options ever presented to the study committee for its consideration, by those retained by the county to 
advise them in this regard, were plainly flawed. One option was a malapportioncd plan for fnc-member 
boards wliich contained a black majority district; the other was an unusually configured proposal for 
seven-member boards with a double-member district which would have a black population majority. 
These options were accompanied by a recitation of numerous problems that allegedly would result from 
adopting cither districting concept and, in fact, the committee essentially was told that ;my districting 



241 5:3 NORTH CAROLINA REGISTER May 1, 1990 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



of the county likely would pose practical as well as constitutional problems. These perceived problems 
also were impressed upon the minority group representatives who had been advocating the change to 
districts. 

Relying on these less than candid representations, the study committee recommended and the 
legislature later enacted the instant changes which retain the at-large election method as modified by the 
elimination of the residency district requirement. However, contrary' to the representations made by 
those advising the committee in behalf of the county, our analysis of the demographic patterns in the 
county indicates that none of the purported concerns advanced by the county poses any real obstacle 
to adopting a fairly drawn, constitutional districting plan. In fact, relatively simple and easUy discern- 
ible modifications to the options put forth by the county would result in a plan under either the 
5-member or 7-member format which would have black majorities in districts electing one of five 
member or two of seven members. The county seems readily to concede that such districting plans 
would afford black voters a more realistic opportunity to elect representation of their choice than does 
the at-large system even as modified by the removal of the restrictive residency district feature. 

Under Section 5 of the Voting Rights Act, the submitting authority has the burden of showing that 
a submitted change neither has a discriminatory purpose nor a discriminatory effect. See Georgia v. 
United States, 411 U.S. 526 (1973); see also the Procedures for the Administration of Section 5 (28 
C.F.R. 51.52). The effect standard requires that a change not "lead to a retrogression in the position 
of racial minorities with respect to their effective exercise of the electoral franchise." Beer v. United 
States, 425 U.S. 130, 141 (1976). The submitted changes, by removing the residency district require- 
ment and thus allowing blacks to utilize the election device of single-shot voting, do not have a pro- 
hibited retrogressive effect. However, even though the change here cannot be said to be retrogressive, 
the marmer in which it was accomplished seems to have been calculated to maintain black voting 
strength at a minimum level and such an intent cannot be countenanced under the Voting Rights Act. 
City of Richmond v. United States, 422 U.S. 358 (1975); Busbee v. Smith, 549 F. Supp. 494 (D.D.C. 
1982), sum, aff'd, 459 U.S. 1 166 (1983). In any event, under the circumstances involved here, I cannot 
conclude, as I must under the Voting Rights Act, that the Section 5 burden has been satisfied in regard 
to purpose. Therefore, on behalf of the Attomey General I must object to the changes in the method 
of electing both boards occasioned by Act Nos. 104 and 105. With regard to the other submitted 
changes (the increase in the size of the boards, and the implementation and appointment provisions), 
no determination is appropriate because they are directly related to the changes to which an objection 
is being interposed. 

Of course, as provided by Section 5 of the Voting Rights Act, the board of commissioners and the 
board of education have the riglit to seek a declaratory judgment from the United States District Court 
for the District of Columbia that these changes do not have the purpose and wiU not have the effect 
of denying or abridging the right to vote on account of race or color. In addition. Section 51.45 of the 
guidelines pcnnits you to request that the Attomey General reconsider the objection. However, until 
the objection is withdrawn or a judgment from the District of Columbia Court is obtained, the sub- 
mitted changes continue to be legally unenforceable. 28 C.F.R. 51.10. 

To enable this Department to meet its responsibility to enforce the Voting Rights Act, please in- 
form us of the course of action the Perquimans County Board of Commissioners and the Perquimans 
County Board of Fducation plan to take with respect to this matter. In that regard, I have asked the 
Voting Section to consider whether the at-large system violates Section 2 of the Act, should the boards 
determine to take no further action toward changing that system. If you have any questions, feel free 
to call Mark A. Posner (202-724-8388), an attomey in the Voting Section. 

Sincerely, 

John R. Dunne 

Assistant Attomey General 

Civil Rights Division 



5:3 NORTH CAROLINA REGISTER May 1,1990 242 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:KIF:Irj 

DJ 166 012-3 Votina Section 

Z9772 P.O. Box 66128 

Washington, D.C. 20035-6128 

April 9, 1990 

Michael Crowell, Esq. 
Tharrinston, Smith & Harsrove 
P.O. Bo^x 1151 
Raleigh, North Carolma 27602 

Dear Mr. Crowell: 

This refers to the proposal to reopen the candidate filing period for the May 1990 priman.' election 
pursuant to the voting changes occasioned by Act No. 104 (1989) for the board of commissioners in 
Perquimans County, North Carolina, submitted to the .Attorney General pursuant to Section 5 of the 
\'oting Riahts Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on February 
9, 1990. 

On .\pril 9, 1990. the .Attorney General interposed an objection to the method of election changes 
adopted in .Act 104. Because the submitted tiling period is directly related to the objected-to changes, 
the Attorney General will make no determination with respect to this matter. See the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.35). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Ci\il Riahts Division 



Bv: 



Barry H. Weinberg 
Acting Chief, Votina Section 



24i 5:3 NORTH CAROLINA REGISTER May 1,1990 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:KIF:lrj 

DJ 166 012-3 - Voting Section 

Z9773 P.O. Box 66128 

Washington, D.C. 20035-6128 

April 9, 1990 

Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the proposal to reopen the candidate filing period for the May 1990 election pursuant 
to the voting changes occasioned by Act No. 105 (1989) for the board of education in Perquimans 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on February 9, 1990. 

On April 9, 1990, the Attorney General interposed an objection to the method of election changes 
adopted in Act 105. Because the submitted filing period is directly related to the objected-to changes, 
the Attorney General will make no determination with respect to this matter. Sec the Procedures for 
the Administration of Section 5 (28 C.F.R. 51.35). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

CivU Rights Division 



By: 



Barry Fl. Weinberg 
Acting Chief, Voting Section 



5:3 NORTH CAROLINA REGISTER May 1,1990 244 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OE HUMAN 
RESOURCES 

[y otice is hereby given in accordance with G.S. 
1 508- 1 2 that the Commission for Health Ser\'ices 
intends to adopt rule(s) cited as 10 NCAC JOG 
.1001 - .1005; and .1301. 

1 he proposed effective date of this action is 
September I, 1990. 

1 he public hearing will be conducted at 3:00 
p.m. on May 31. 1990 at Hearing Room (Ground 
Floor), Archdale Building, 512 North Salisbury 
Street, Raleigh. North Carolina. 

(comment Procedures: Any person may request 
copies of the proposed rules by contacting John 
P. Barklev. DEHXR. P.O. Box 276S7. Raleigh. 
NC 27611 -76S7. (919) 733-7247. Written com- 
ments on these rules may be sent to Mr. Bark ley 
at the above address or submitted at the public 
hearing. If you desire to speak at the public 
hearing, notify Mr. Barkley at least three days 
prior to the public hearing. At the discretion of 
the Chairman, the public may also be allowed to 
comment on the rules at the Commission .Meeting. 
Fiscal notes on applicable rules are a\'ailable from 
Mr. Barkley. 

CHAPTER 10 - UKALTH SERMCES: 
ENVIRONMENTAL HEALTH 

SUBCHAPTER lOG - SOLID WASTE 
\L\NAGEMENT 

SECTION .1000 - SOLID \\ ASTE 
MANAGEMENT LOAN PROGRAM 

.1001 DEFINITIONS 

In addition to the dc-finitions in Rule .0101 of 
this Subchapter, the definitions in G.S. 1591-3 
shall apply tliroughout this Section. 

Slatuton- Authoritv G.S. 1591-1 1. 



(3) The amount of financing or the cost of the 
project sought; 

(4) The credit rating, if any, of the unit of lo- 
cal government; 

(5) The availability and cost to the unit of 
local government of other methods of fi- 
nancing; 

(6) The construction, disbursement, and 
management procedures in effect in the 
unit of local government; and 

(7) Documentation that a public hearing has 
been held on the issue of obtaining a loan 
in accordance with G.S. 1591- 10(c). 

(b) An applicant shall furnish information in 
addition or supplemental to the information 
contained in its application upon written request. 

(c) Applicants may apply for a loan pnor to 
arrangement for repayment. 

Statutory Authority G.S. 1591-11. 

.1003 ELIGIBLE PURPOSES 

(a) Loans may be made to finance the cost of 
acquisition or construction of solid waste man- 
agement projects including without limitation: 

(1) The purchase of equipment or facihties; 

(2) Construction costs of an incinerator; 

(3) Land to be used for recycling facilities; 

(4) Leachate collection and treatment sys- 
tems; 

(5) Liners for landfills; 

(6) Monitoring wells; 

(7) Recycling equipment and facilities; 

(8) Construction cost of composting facilities; 

(9) Volume reduction equipment; and 
(10) Financing charges. 

(b) Projects may not include: 

(1) The operational and maintenance costs 
of solid waste management facilities or 
programs; 

(2) General planning or feasibility studies; 

(3) The purchase of land, unless the land is 
to be used for a recycling facility; or 

(4) Groundwater and surface water corrective 
action projects. 



.1002 APPLICAIION 

(a) Units of local government shall file three 
copies of the application for loan with the Divi- 
sion, The application shall include the following: 

(1) .A detailed description of the type and 
useful life of the project to be fmanccd or 
refmanced; 

(2) A statement of the need of the project and 
how the project compliments an inte- 
grated approach to solid waste manage- 
ment; 



Statutory .Authority G.S. 1591-11. 

.1004 SCREENING OF APPLICATION 

Prior to rating an application according to the 
pnority factors established under Rule .1005 of 
this Section, the Division shall conduct a pre- 
liminary review of each application to determine 
the feasibility and appropriateness of the project. 
The following factors shall be considered in de- 
ciding whether to assign a priority to a loan ap- 
phcation: 



245 



5:3 i\ORTH CAROLINA REGISTER May 1,1990 



PROPOSED RULES 



(1) Consistency of the project with State solid 

waste management policy; 
(2), Whether the type and scale of the project 

are consistent with the identified needs of the 

applicant; 

(3) Technologica] feasibility of the project; and 

(4) The likelihood that the project can be per- 
mitted under these Rules. 

Statutory Authority G.S. 1591-11. 

.1005 PRIORITY FACTORS 

Procedures for establishing the rating of projects 
are outUned in the following: 

(1) Landfill Capacity (Maximum Value 200 
points) 

Existing Landfill permitted operational ca- 
pacity: 

(a) l^ss than two years 200 points 

(b) More than two years 100 points 

(2) Financial Need (Maximum Value 100 
points) 

All applicants must be rated, based upon the 
current bond rating of the local government 
as established by Moody's, Standard and 
Poors, or the North Carolina Municipal 
Council. When rated by two national 
agencies, the higher rating will prevail. A 
national bond rating will always prevail over 
a NCMC rating. Ratings will be checked 
for each loan cycle: 

(a) Units which have a North Carolina Mu- 
nicipal Council (NCMC) rating below 75 
and no national bond rating 100 points 

(b) Units which ha\e a national bond rating 
below A- OR NCMC rating 75-79 
75 points 

(c) Units which have a national bond rating 
of A or A- OR NCMC rating 80-85 
50 points 

(d) Units which have a national bond rating 
of A1/A+ or higher OR NCMC rating 
of 85 or above 25 points 

(3) Ability to Pay (Maximum Value 100 
points) 

Based upon the median household income 
of the local government, all 100 counties will 
be divided into ten groups, based upon the 
median household income of the local gov- 
ernment as listed by the U.S. Department 
of Housing and Urban Dc\elopment, Office 
of liconomic Affairs; municipalities are to 
be included in their county: 

(a) Lowest 100 points 

(b) 90 points 

(c) 80 points 

(d) 70 points 

(e) 60 points 



(0 50 points 

(g) 40 points 

(h) 30 points 

(i) 20 points 

(j) Highest 10 points 

(4) Method of fmancing Solid Waste Manage- 
ment Program (Maximum Value 100 
points) 

Based upon local government implementa- 
tion of user fees or average share charges to 
fmance full cost of solid waste management 
programs: 

(a) Sohd waste management supported by at 
least 75 percent from fees or special 
charges 100 points 

(b) Solid waste management partially sup- 
ported by at least 50 percent from fees or 
special charges 75 points 

(c) Solid waste management supported by at 
least 25 percent from fees or special 
charges 50 points 

(d) Solid waste management supported taxes 
or appropriations with plans for fees or 
special charges 25 points 

(5) Local Effort (Maximum Value - 200 
points) 

(a) Project is an alternative to landfiUing; 

(b) Existing implementation of recycling and 
waste reduction by the unit of local gov- 
ernment; 

(c) Coverage and coordination within the 
ser\ice area of the applicant; 

(d) Project is demographicaJly appropriate 
multi-county undertaking; 

(e) Project is consistent with a comprehensive 
approach to solid waste management by 
local government. 

(6) Installations to protect Public Health and 
the Environment (Maximum Value - 50 
points) 

(a) Liners; 

(b) Leachate collection and treatment; 

(c) Monitoring weUs; 

(d) Air pollution control devices; 

(e) Methane Control devices; 

(f) Recycling facilities or equipment; 

(g) Composting facilities or equipment; 

(h) Other technolog\- designed to protect the 
public health and the environment. 

(7) Public Health or En\ironmcntal Hazard 
(Ma.ximum Value 50 points) 
(Corrective action projects are ineligible for 
loans under this program.) 

(a) Demonstrated hazard at existing facility 
which exposes the population .. 50 points 

(b) Demonstrated hazard at existing facility 
wliich affects the cnvirormicnt.. 25 points 



5:i NORTH CAROLINA REGISTER May 1, 1990 



246 



PROPOSED RULES 



Statutory Authority G.S. 1591-11. 

SECTION .1300 - DISI'OSITION OF REMAINS 
OF TERMINATED PREGNANCIES 

.1301 MANNER OF DISPOSITION OF 
REMAINS 

(a) All facilities authorized to terminate preg- 
nancies, and all medical or research laboratories 
or facihties to which the remains of terminated 
pregnancies are sent by facilities authorized to 
terminate pregnancies, shall dispose of the re- 
mains of terminated pregnancies by either; 

(1) burial; 

(2) cremation: or 

(3) incineration in accordance with 10 NCAC 
lOG .1200. 

(b) The obligation to dispose of the remains 
of terminated pregnancies by a facility authorized 
to terminate pregnancies ceases as to any remains 
of temiinated pregnancies that the facility has 
sent to a medical or research laboratory or facil- 
ity. 

Statutory Authority G. S. 1 30 A- 1 3 1. 10. 



lyotice is hereby giver: in accordance with G.S. 
I SOB- 1 2 that the Division of Social Sen-ices in- 
tends to amend rule(s) cited as 10 NCAC 29B 
.0003; 29C .0002; 42C .2703; 42D .1407; 498 
.0312; 49C .0101, .0302; repeal rule(s) cited as 
10 NCAC 39 A .0001 - .0003; 39C .0001 - .0005. 
.0007 - .0008, .0011; 498 .0311. .0313; 49D .0001 
- .0003; and adopt rule(s) cited as 10 NCAC 39D 
.0108. .0201 - .0209, .0301 - .0303, .0401 - .0411; 
498 .0314. 

1 he proposed effective date of this action is Oc- 
tober I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on June 6. 1990 at Disability Determination 
Building, 321 Chapanoke Road. Raleigh, N.C 

(^ omment Procedures: Interested persons may 
present their views and comments in writing before 
or at the hearing, or orally at the hearing. Time 
limits may be imposed as deemed necessary by the 
Commission Chairman. A fiscal note has been 
prepared. Any person may request information, 
or copies of the proposed regulations by writing 
or calling Donna A. Creech. Special Assistant, 
Social Services, 325 N. Salisbury St.. Raleigh, NC 
27611 (919) 733-3055. 



CHAPTER 29 - INCOME MAINTENANCE: 
GENERAL 

SCBCIIAPTER 29B - LOW INCOME ENERGY 
ASSISTANCE PROGRAM 

.0003 ELIGIBILITY REQUIREMENTS 

Te be ohgiblf fof tfee lew inoomo e n e rgy aosist 
afiee program, a houaohold muut moot aU tfee 
following roquLromonto: A household must meet 
the following requirements to be ehgible for the 
Low Income Energy Assistance Program: 
(1) Income: A household's income for the base 
period used to estabhsh eligibiUty cannot 
exceed 110 percent of the current non-farm 
poverty level. Income will be defmed as 
gross income less the standard medical de- 
duction for household members with only 
unearned income; actual cluld care costs for 
any child ia the household; and a standard 
deduction for work related expenses (a table 
shall be used to determine the appropriate 
amount to deduct). To compute income, 
all income will be counted with the excep- 
tion of: 

(a) Earned income of a chUd under 14 or 
under 20 if in school; 

(b) Income of a child participating in Job 
Training P;u1ncrship Program; 

(c) Income from incentive payments and 
training allowances from WIN funded 
training; 

(d) Income for supportive services or re- 
imbursement of out-of-pocket expenses to 
volunteers serving as foster grandparents, 
senior health aides or companions, 
SCORE, AGE or any other programs 
under Titles I, II, and III of PL 93-113; 

(e) Foster Care payments equal to or below 
the state ma.ximum rates to foster parents; 

(f) In-kind contributions; 

(g) Payments made directly to vendors on 
behalf of a household; 

(h) Irregular earned income; 

(i) Personal loans; 

(j) Payments made under the Alaska Native 
Claims Settlement Act, PL 92-203; 

(k) Payments to certain Indian tribes as per- 
mitted by PL 94-114; 

(1) Child support being routed througlr the 
child support enforcement section and 
kept by them; 

(m) That portion of educational loans, 
grants, or scholarships, including a pay- 
ment under the GI Bill actually used for 
tuition, room, board, books, fees, equip- 
ment, special clothing needs, required 
school insurance and chUd care services 
necessary for school attendance; 



247 



5:3 NORTH CAROLINA REGISTER May l, 1990 



PROPOSED RULES 



(n) Any grant or loan to any undergraduate 
student for educational purposes made or 
insured under any program administered 
by the Secretary of Education under the 
Higher Education Act; 

(o) Assistance from other agencies and or- 
ganizations if such aid is for rehabilitation 
purposes, special training or educational 
opportunities and provided no duplication 
exists; 

(p) Incentive payments made to an applicant 
or recipient participating in a vocational 
rehabilitation program as long as a train- 
ing plan is in effect; 

(q) \Veekly incentive payments made by the 
manpower agency to any participant in 
institutional and work experience training 
under the WIN program; 

(r) Housing improvement grants to low- 
income families approved by the North 
Carolina Commission of Indian Affairs 
or any funds distributed per capita to or 
held in trusts for members of any Indian 
tribe under P.L. 92-254, P.L. 93-134, or 
P.L. 94-540; 

(s) Experimental housing allowance program 
payments made under annual contrib- 
utions contracts entered into prior to 
January 1, 1975 under Section 23 of the 
U.S. Housing Act of 1937, as amended; 

(t) Title XX of the Social Security Act and 
State In- Home funds received to pay for 
services rendered by another individual or 
agency; 

(u) Disaster assistance; 

(v) HUD community development block 
grant funds received to fmance the reno- 
vation of a privately owned residence; 

(w) Money paid to attendant or chore pro- 
vider; 

(x) All federally mandated exclusions; 

(y) Child support AEDC disregard check; 

(z) /Vny HUD payment paid to or on behalf 

of an appHcant; 
(aa) The value of the Food Stamp Coupon 

allotment; 
(bb) The value of US DA donated foods (sur- 
plus commodities); 
(cc) Relocation payments provided under the 
Ecdcral Uniform Relocation Assistance 
and Real Property Acquisition Policies 
Act of 1970; 
(dd) Benefits received under Title VII, Nutri- 
tion Program for the Elderly Older 
rVmericans Act, Older .Amencan Com- 
munity Service Programs, Foster 
Grandparents Program, Service Corps of 



Retired Executives (SCORE), and Active 
Corps of Executives (ACE); 

(ee) The value of supplemental food assist- 
ance received under the Child Nutrition 
Act and the special food service program 
for children under the National School 
Lunch Act; 

(ff) Payments distributed pursuant to any 
judgment of the Indian Claims Commis- 
sion of the Court of Claims ki favor of 
any Indian Tribe; 

(gg) Assistance to prevent fuel cutoffs and to 
promote energy efficiency under the 
Emergency Energy Conservation Services 
Program or the Energ>' Crisis Assistance 
Program as authorized by the Economic 
Opportunity Act of 1964, as amended; 

(hh) Any wages, allowances, or reimburse- 
ment for transportation and attendant 
care costs, unless excepted on a case-by- 
case basis, when received by an eligible 
handicapped individual employed in a 
project under Title VI of the Rehabili- 
tation Act of 1973, as amended; 

(ii) Any penalty payments paid to applicants 
for delayed AF~DC or \ledicaid apphca- 
tions as referenced by Alexander v. Hill; 

(jj) Allowance paid to CWEP participants; 

(kk) Prorata share of an ineligible alien's in- 
come. Prorata share is determined by di- 
viding the gross income of the ineligible 
alien by the number of people in the 
household. 
(2) Assets: A household must have assets not 
to exceed two thousand, two hundred dol- 
lars ($2,200). .All assets will be counted with 
the exception of: 

(a) Household or personal belongings (in- 
cludes essential and non-essential personal 
property); 

(b) Cars; 

(c) Primar>' residence (including mobile 
home) and all contiguous property; 

(d) Income producing real property; 

(e) Insurance (including burial, term and 
whole hfe cash values); 

(f) Value of prepaid burial contracts; 

(g) Value of burial plots; 

(h) Savings of a student under age 18 who is 
saving his money for school expenses; 

(i) Relocation assistance payments; 

(j) That portion of monthly income depos- 
ited in a checking account to meet 
monthly needs: 

(k) Non-salable life estate or remainder in- 
terests; 

(1) Heir property; 



5:3 NORTH CAROLINA REGISTER May 1, 1990 



24S 



PROPOSED RULES 



(m) HUD commumty development block 

grants; 
(n) Any of a lump sum payment for the 

month received or the following month. 

(3) Vulnerability: A household must be ■vul- 
nerable to rising costs of energy. A house- 
hold that is vulnerable to energy cost 
increases is one that is not protected against 
such increases under any other program. 

(4) Citizenship: Individuals who are illegal al- 
iens are not eligible for the I ,o\v Income 
Fnerav Assistance Froeram. 



Staiuton- Authority G.S. IOSA-25; I43B-I53. 

SLBCH.M'IEK 29C - CRISIS IMKRXEMION 
PROGRA.M 

.0002 ELIGIBILITY REQUIREMENTS 

Te- be oLigdbl *J fof t4^ cricif f mtop i ontion pro 
gram . a houi i uhold mu^ . t moot att e4" Ae follo' i ' .' ing 
roquiromontc: A household must meet the fol- 
.'ing requirements to be eligible for the Cnsis 



Intcr\'ention Program. 

(1) Income: A household must have income 
at or below 1 10 percent of the current non- 
farm poverty income guidelines. The rules 
in 10 NCAC 29B .0003 will govern for the 
definition and computation of income. 

(2) Crisis: A household must be in a heating 
or cooling related crisis. A household is in 
a crisis if it is experiencing or is in danger of 
experiencing a Life threatening or health- 
related emergency and sufficient, timely and 
appropriate assistance is not available from 
any other source. 

(3) Citizenship: Indi\iduals who are illegal al- 
iens are not eliable for the Cnsis Inter- 
vention Proiiram. 

Statutoty Authority G.S. I43B-/53; I SOD- 1 3. 

CHAPTER 39 - EMPLOYMENT PROGRAMS 

SLBCIIAPTER 39A - IHENTIFMNG 
INFORMATION: MANL.VL (REPEALED) 

.0001 ADDRESS AND HOURS 
.0002 PURPOSE 
.0003 MANUAL 

Statutoty Authority G.S. JOSA-30; 42 L'.S.C. Sec. 
30/ et sec]. 

SUBCHAPTER 39C - COMMUNITY WORK 
EXPERIENCE PROGRAM 

.0001 PURPOSE (REPEALED) 
.0002 PARTICIPATING COUNTIES 
(REPE.VLED) 



.0003 PARTICIP.ATION E.XEMPTIONS 

(REPEALED) 
.0004 REFERRAL TO PUBLIC AND PRIVATE 

NON-PROFIT WORK SITES (REPEALED) 
.0005 TEMPORARY EXCUSE FROM 

PARTICIP.ATION (REPEALED) 

Statutory Authority G.S. /OSA-29; I43B-153; 42 
U.S.C. 609 et seq.: S.L. 19SI, c. 1282. 

.0007 PROGRAM PARTICIPATION 

(REPEALED) 
.0008 NOTICE TO PARTICIPANTS OF 

TRAINING -AND WORK OPPORTUNITIES 

(REPEALED) 

Statutory Authority G.S. 143B-I53; S.L. I9SI, c. 
I2S2. 

.001 1 GRIEN .\NCE PROCEDURES (REPEALED) 

Statutoty Authority G.S. 143B-I53: S.L. 1981. c. 
1282. 

SUBCHAPTER 39D - JOBS OPPORTUNITIES 

AND B.\SIC SKILLS TRAINING (JOBS) 

PROGRAM 

SECTION .0100 - ADMINISTR.\TION 

.0108 CONCENTR.\TION OF JOBS C.VSE 
M.\NAGEMENT RESPONSIBILITIES 

(a) JOBS case management means a method 
through which the JOBS participant and county 
department of socicd services jointly identify the 
participant's capacity for self-sutTiciency. The 
case management method utilizes social work 
methodology and practice. 

(b) Case management responsibilities for JOBS 
participants shall be concentrated with separate 
statT who perform only JOBS program case 
management. 

(c) JOBS case management actnities include, 
but are not limited to, the following: 

(1) assessment; 

(2) development of an emplo\abilit\' plan; 

(3) arranging for or pro\iding supporti\e ser- 
\iccs; and 

(4) helping participants access communit\ re- 
sources. 

(d) Notwithstanding Paragraph (b) of this 
Rule, in counties where the number of JOBS 
participants does not constitute a full workload, 
the county department of social ser\ices can 
make alternate assignments based on a plan ap- 
proved by the Division of Social Ser\'ices. 

(e) Counties wantmg to test alternate methods 
for carrying out JOBS Program case manage- 
ment may do so as a demonstration project that 
is approved by the Division of Social Ser\ices. 



249 



5:3 NORTH CAROLL\A REGISTER May 1,1990 



PROPOSED RULES 



Authority G.S. M3B-153; 42 U.S.C. 682 et seq.. 
SECTION .0200 -JOBS PARTICIPATJON 

.0201 PARTICIPATION OF LNEMPLOYED 
PARENT IN EDUCATION 

A parent in any family eligible for AFDC by 
reason of the unemployment of the parent who 
is the principle wage earner, who is a JOBS par- 
ticipant, is under age 25, and has not earned a 
high school diploma or its equivalent, shall par- 
ticipate in education activities in lieu of the work 
requirement provided that; 

(1) The determination of the appropriateness 
of education is made by an assessment of the 
individual's educational needs; 

(2) Participation in education is appropriate to 
the individual's employment goal; and 

(3) Community educational resources are 
available to meet the participant's needs. 

Authority G.S. I43B-I53; 42 U.S.C. 6S2 et seq.. 

.0202 CONCILIATION PROCEHl RE 

(a) Each county department of social ser\'ices 
shall establish a written conciliation procedure 
aUowing participants and staff responsible for 
JOBS case management to appeal and resolve 
disputes affecting program participation, includ- 
ing but not limited to provision of supportive 
services and work experience placement condi- 
tions. The procedure shall include an opportu- 
nity for a meeting between the participant and 
JOBS st;iff for the purpose of resolving the dis- 
pute. If the dispute is not resolved, the proce- 
dure shall include an opportunity for an informal 
hearing conducted by the county director or his 
designee. 

(b) The county department of social services 
shall begin the concihation process within seven 
calendar days after a participant or staff respon- 
sible for JOBS case management asks for concil- 
iation. The conciliation process shall not extend 
bc>ond 30 calendar days after the date of the in- 
itial request for conciliation. 

Authority G.S. I43B-I53: 42 U.S.C. 682 et seq.. 

.0203 ASSIGNMENT OF 16 AND 17 ^ EAR 
OLD CLS lODIAL PARENTS 

A custodial parent, age 16 or 17, who has not 
received a high school diploma, or its equivalent, 
and is required to participate in the JOBS Pro- 
gram, shall be excused from attending high 
school, when determined appropriate by an as- 
sessment of the indi\idual's educational needs, 
provided that: 



(1) the participant is enrolled full-time in an 
educational activity as defmed in 45 CFR 
250.44(a); or 

(2) the participant is enrolled in skills training 
as defmed in 45 CFR 250.44(b)(9)(ii) that is 
combined with education as defmed in 45 
CFR 250.44(a). 

Authority G.S. I43B-I53; 42 U.S.C. 682 et seq.. 

.0204 ASSIGNMENT OF 18 AND 19 YEAR 
OLD CUSTODIAL PARENTS 

A custodial parent, age 18 or 19, who has not 
earned a high school diploma, or its equivalent, 
and is required to participate in the JOBS Pro- 
gram, shall he assigned to training or other JOBS 
acti\ities in lieu of education when the educa- 
tional assessment shows that community educa- 
tional resources are not available to meet the 
participant's needs. 

Authority G.S. I43B-I53: 42 U.S.C. 682 et seq.. 

.0205 ASSIGNMENT OF PARTICIPANTS 20 
YEARS OF AGE OR OLDER 

A JOBS participant, who has attained the age 
of 20 years or older and has not earned a higli 
school diploma or its equi\alent, shall not be re- 
quired to participate in an educational activity if; 

(1) 1 he participant demonstrates a basic htcr- 
acy level as defmed in 45 CFR 250.1; or 

(2) The participant's long term employment 
goal does not require a high school diploma; 
or 

(3) Community educational resources are not 
available to meet the p;irticipant's needs. 

Authority G.S. I43B-I53: 42 U.S.C. 6S2 et seq.. 

.0206 S.VTISFACTORY PROGRESS IN AN 
EDUCATIONAL COMPONENT 

(a) Satisfactory progress in an educational 
component approved by the county department 
of social services shall be measured according to 
the attendance and academic progress policies of 
the educational institution in which the partic- 
ipant is enrolled. 

(b) Satisfactory progress in literacy training or 
remedial assistance offered by non-institutional 
providers shall be measured by attendance of at 
least 75 percent of the monthly hours scheduled. 

Authority G.S. I43B-I53; 42 U.S.C. 682 et .seq.. 

.0207 CONTINl ATION IN PROGRAM 
COMPONENTS AFTER AFDC 
TERMIN.VTION 

Program participants may continue in JOBS 
component activities and receive supporti\e ser- 



.5.V? NORTH CAROLINA REGISTER May 1,1990 



250 



PROPOSED RULES 



vices for the duration of the period for which 
funds have been obhgated or expended. ITie 
funds must be obligated or expended before the 
individual loses eligibility for AFDC. 

Auihoriiy G.S. I43B-I53: 42 U.S.C. 682 et seq.. 

.0208 PRO\ ISION OF C,\SE M.\N.\GEMENT 
AND SLPPORTIVE SERVICES 

Case management, transportation, and sup- 
portive ser\ices shall be available to JOBS Pro- 
gram participants for up to the maximum tmie 
allowable, as specified in 45 CFR 250.73(e), after 
termination from AFDC due to employment. 

Authority G.S. I43B-I53: 42 U.S.C. 682 et seq.. 

.0209 CRHERI.\ FOR SELF-IMTI.ATED 
EDI CATION OR I RAINING 

Self-initiated education and training are defined 
in 45 CFR 250.4S(a). Additional criteria for de- 
termining when seif-initiated education and 
training are appropriate for JOBS participants 
shall be the following: 

(1) A participant enrolled in an institution of 
higher education has earned a high school 
diploma or its equivalent; 

(2) A participant enrolled in a course of voca- 
tional or technical training has earned a high 
school diploma or its equivalent unless the 
individual's employment goal does not re- 
quire a high school diploma. 

Authority G.S. I43B-153: 42 U.S.C. 682 et seq.. 

SECTION .0300 - JOBS PROGR.\M 
COMPONENTS AND ACIIMTIES 

.0301 JOBS COMPONENT EXPENSES 

(a) F.xpcnses required for participation in the 
foUowing components, when the component is 
identified in a participant's cmployability plan, 
shall be paid by the JOBS Program uhcn other- 
wise not available: 

( 1) Education as defined in 45 CFR 250.44(a); 

(2) Job skills trainins as defmed in 45 CF"R 
250.44(b); 

(3) Job readiness as defmed in 45 CFR 
250.44(c): 

(4) Job search as defmed m 45 CFR 250.60; 

(5) On-the-job trainine as defmed in 45 CFR 
250.61; 

(6) Work experience as defined in 45 CFR 
250.63; 

(7) Post-secondan' education as defmed in 45 
CFR 250.1 and 45 CFR 250.46. 

(b) .-VUowable expenses include, but are not 
limited to, fees, books, supplies, tuition, tools, 
unifonns, shoes, and medical exams. 



Authority G.S. 1 438- 1 53; 42 U.S.C. 682 et seq.. 

.0302 WORK EXPERIENCE 

(a) Work experience participation shall not ex- 
ceed nine months during any period of AFDC 
eligibility. 

(b) A participant who is a parent in any family 
eligible for AFDC by reason of the unemploy- 
ment of the parent who is the principle wage 
earner shall not be subject to the time limitations 
described in Paragraph (a) of this Rule. 

(c) A JOBS participant may volunteer to par- 
ticipate in work experience for more than the 
maximum number of hours as defmed in 45 CFR 
250.63. 

Authority G.S. I43B-I53; 42 U.S.C. 682 et seq.. 

.0303 POST-SECONDARY EDUCATION 

(a) The criteria for determining when post- 
secondary education, as defined in 45 CFR 250.1 
and 45 CFR 250.46, is appropriate for JOBS 
participants shall be: 

(1) .-\ participant has earned a high school di- 
ploma or its equivalent; 

(2) Fhe program of study offered at the post- 
secondapv' institution is directly related to 
the participant's employment goal as de- 
fined in the JOBS employabihty plan; and 

(3) Ihe determination of appropriateness is 
made by an educational assessment. 

(b) Payment for tuition and fees shall be no 
more than the tuition and fee rates for the local 
or regional state-supported institution. 

Authority G.S. I43B-I53: 42 U.S.C. 682 et seq.. 

SECTION .0400 - SLPPORTIX E SER\ ICES 

.0401 SI PPORTIVE SERVICES TO BE 
A\ AILABLE IN JOBS COUNTIES 

Based on fund a\ailability and sen,ice availabil- 
ity, the following services, as defined in this Sec- 
tion, shall be available when neccssar>" to support 
a JOBS participant's employment plan: 

(1) Health Support Services; 

(2) Fmplo\ment and Training Support Ser- 
vices: 

(3) In-Home Services; 

(4) Transportation; 

(5) Personal and Family Counseling: 

(6) Indi\idual and Famih' Adjustment; 

(7) Day Care Services for .Vdults; 

(8) Child Care Transportation; 

(9) Participation Expenses. 

Authority G.S. I43B-I53: 42 U.S.C. 602(gi; 42 
U.S.C. 6S2(a)(2). 



251 



5.-.? ^ORTH CAROLINA REGISTER May 1, 1990 



PROPOSED RULES 



.0402 HEALTH SUPPORT SERVICKS 

Health support services means helping JOBS 
participants to obtain medical services as needed 
to enable them to participate in JOBS activities 
as specified in the participant's employability 
plan. Services will also be available to the par- 
ticipant's family members if needed to support 
the participant's employment plan. Services in- 
clude helping individuals and families to recog- 
nize health needs, including those related to 
alcohol and drug abuse; to cope with incapacities 
and limited functioning resulting from aging, dis- 
ability, or handicap and to choose, obtain and 
use resources of maternal and child health pro- 
grams, referral to preventive health care services 
for children such as Healthy Children and Teens, 
and other public or private agencies or providers 
of health services; counseling and planning, as 
appropriate, with individuals, families, and health 
providers to help assure continuity of treatment 
and the carrying out of health recommendations; 
and helping individuals to secure admission to 
medical institutions and other health-related fa- 
cilities as needed; and helping individuals access 
family planning services. 

Authority G.S. I43B-I53; 42 U.S.C. 602(g); 42 
U.S.C. 682(a)(2). 

.0403 EMPl.OYMKNT AND IRAIMNG 
SI PPOK I SERVICES 

Employment and training support services are 
services provided as part of an employability plan 
to enable a JOBS participant to secure paid em- 
ployment or training leading to employment, in- 
cluding basic education and continuing 
education. Services include counseling to explore 
with the indi\idual his current readiness or po- 
tential for employment and to assess the feasibil- 
ity of seeking education, training or employment 
in relation to the total needs of the family; pro- 
viding information about and referral to educa- 
tional resources, training programs, and possible 
sources of employment; and counseling and m- 
formation to encourage and support the indi\id- 
ual's employment objectives with respect to such 
topics as grooming, how to access appropriate 
resources, understanding employer expectations 
and constructive resolution of work related 
problems. Also included is arrangement for or 
provision of general and specialized diagnostic 
tests and evaluations to assess the Lndi\iduars 
potential for employment and any limitations 
which affect employment, education, or training. 

Authority G.S. I43B-/53; 42 U.S.C. 602(g); 42 
U.S.C. 682(a)(2). 



.0404 IN-HOME SERVICES 

Chore and homemaker services are provided to 
JOBS participants and their family members 
when needed to support the participant's 
employability plan: 

(1) Chore services means the provision of care 
for persons or assistance to persons by per- 
forming home management or personal care 
tasks that are essential to the activities of 
daily living. Such tasks are performed to 
enable individuals to remain in their own 
homes when they are unable to carr>' out 
these activities for themselves and where no 
responsible person is available for these 
tasks. Chore services are provided under 
professional direction and only by persons 
who have received training for the proper 
performance of such tasks. Professional di- 
rection means guidance and supervision in 
implementing a plan of care based on indi- 
vidual assessment of a person's health status 
and particular care needs. Home manage- 
ment includes tasks related to maintaining 
the home, shopping for and preparing meals 
and providing essential transportation for 
the client. Personal care includes tasks re- 
lated to physical care and feeding of clients. 
The specific tasks that may be perfonned are 
defmed according to level of the task, super- 
vision required and training required. 

(2) I lomemaker services are supporti\ e services 
provided by qualified paraprofessionals who 
are trained, equipped, assigned, and super- 
vised by the county department of social 
services agency to help maintain, strengthen, 
and safeguard the care of children and the 
aging and the functioning of dependent, 
physically or emotionally ill or handicapped 
children and adults in their own homes. 
Such services must meet standards set by the 
North Carolina Department of Human Re- 
sources, Division of Social Services, which 
are based on standards of the National 
Homecaring Crouncil, Inc. These services 
include pro\iding assistance in management 
of household budgets, planning nutritious 
meals, purchasing and preparing foods and 
help with housekeeping duties and basic 
personal and health care. Also included are 
help and instruction to funiiies and indi\id- 
uals in managing to live witliin a public as- 
sistance or other limited budget and in 
consumer education generally. 

Authority G.S. I43B-I53; 42 U.S.C. 602(g): 42 
U.S.C. 682(a)(2). 



5:3 NORTH CAROLINA REGISTER May 1,1990 



252 



PROPOSED RULES 



.0405 TRANSPORTATION SERMCES 

Transportation ser-dces mean arranging for, 
providing or purchasing transportation as part of 
an employability plan to enable JOBS' partic- 
ipants for whom transportation is not otherwise 
a\ailable to have access to medical and health 
resources, education, employment and trainmg 
opportunities, and other community facilities and 
resources, and to support the deli\ery of other 
social ser\'ices when necessary and proper to 
carPv' out the individual's employability plan as 
defmed in 45 CFR 250.41. 

Authority G.S. 143B-I53: 42 U.S.C. 602(g); 42 
i'.S.C. 682(a)(2j. 

.0406 CUKD CARE TRANSPORTATION 

Transportation to support child care means 
transportation to enable a child to participate in 
child care services when necessary to facilitate the 
participation of the JOBS participant in ap- 
pro\ed JOBS acti%ities in support of his em- 
ployment goal. The reimbursement rate shall 
not exceed the payment rate established in 10 
NCAC 46C .0106.' 

Authoriiv G.S. I43B-I53; 42 L.S.C. 602(gj; 42 
I'.S.C. 6S2(a)(2). 

.0407 PERSONAL AND FAMILY COl NSEI ING 

Personal and family counseling means the ren- 
dering of counseling services or therapy to JOBS 
participants and their families either singly or in 
groups, for the purpose of resolving emotional 
conflicts within social relationships and to enable 
the participant to reach his employment goal. 
It operates through a process of mobilizing the 
strengths mherent in the person which are needed 
to deal with immediate situations and de\eloping 
the coping ability of the participant to use him- 
self effectively in life roles and tasks. The process 
involves a professional relationship with a skilled 
counselor to help the clients to assess the situ- 
ation to plan steps for dealing with it, and to take 
appropriate action. Personal and family coun- 
seling is provided when necessary and proper to 
carrs' out the individual's employability plan as 
defmed in 45 CFR 250.41. 

Authority G.S. I43B-I53: 42 i'.S.C. 602(z): 42 
i'.S.C. 6S2iaj(2j. 

.0408 INDIMDl .\L AND FAMILY 
ADJUSTMENT SER\ ICES 

Indi\idual and farruly adjustment services are 
designed to offer assistance to JOBS participants 
and their family members to support participants 
in education, training, or empIo\"ment acti\ities. 



Services are provided when necessary and proper 
to carry out an individual's employability plan 
as defmed in 45 CFR 250.41. Ser%ices include 
counseling to enable the JOBS participant to 
recognize, understand, and cope with problems 
and conflicts that may create an obstacle in 
reaching his employment goal. Problems which 
are to be addressed include, but are not limited 
to such areas as household management, con- 
sumer affairs, family life, alcoholism, drug ad- 
diction, mental retardation, emotional 
disturbance, and school related problems. Such 
counseling is also designed to help individuals 
independently utilize community resources, in- 
cluding other social services; take advantage of 
natural support systems; and achieve an adequate 
level of functioning within the family. .Also in- 
cluded is arranging for other services when 
needed to support the provision of indi\idual and 
family adjustment ser\ices; diagnostic psycho- 
logical study and evaluation necessary to deter- 
mine the appropriate plan of service: and social 
de%'elopment through the therapeutic groups as 
a part of a service plan to give individuals op- 
portunities for participation in structured group 
activities focused on helping them cope with 
personal problems, de\elop capacities for more 
adequate social functioning and relieve social 
isolation. 

Authority G.S. 1438-153; 42 i'.S.C. 602(gj; 42 
i'.S.C. 6S2(a)(2). 

.0409 PARTICIP.ATION EXPENSES 

Payment of expenses for JOBS participants are 
allowable when needed to facilitate participation 
in approved education or training activities or 
both, not to exceed fi\e hundred dollars 
($500.00) per 12 month period unless approval 
to exceed that amount is granted by the director 
of the county department of social services. Ex- 
penses may include, but are not limited to. car 
repairs, hcensing fees, medical and dental ser- 
vices, when othenvise not available. 

Authority G.S. /43B-I53; 42 U.S.C. 602(gj; 42 
U.S.C. 6S2(aj(2). 

.0410 ONE-TIME WORK RELATED E.XPENSES 

Payment of expenses are allowable when 
needed, as determined by an individual assess- 
ment, to allow AFDC applicants and recipients 
in JOBS counties to accept or maintain employ- 
ment, not to exceed five hundred dollars 
($500.00) per 12 month period unless approval 
to exceed that amount is granted by the director 
of the county department of social services. Ex- 
penses may include but are not limited to tools. 



253 



5:3 NORTH CAROLINA REGISTER .Muv 1,1990 



PROPOSED RULES 



uniforms, car repairs and insurance, licensing 
fees, medical and dental services not otherwise 
available, and relocation costs. 

Authority G.S. I43B-I53; 42 U.S.C. 602(g); 42 
U.S.C. 682(a)(2). 

.041 1 DAY CARE SERVICES FOR ADLLTS 

Day care services for adults is the provision of 
an organized program of services during the day 
in a community group setting for the purpose of 
supporting adults' personal independence, pro- 
moting their social, physical, and emotional 
well-being and to enable a JOBS participant, 
when his presence otherwise would be required 
in the home to care for the adult family member, 
to participate in JOBS activities identified in the 
employability plan. Services must include a va- 
riety of program activities designed to meet the 
individual needs and interests of the participants, 
and referral to and assistance in using appropriate 
community resources. Also included are medical 
examinations required for individual participants 
for admission to day care and periodically there- 
after when not otherwise available without cost, 
food and food services to provide a nutritional 
meal and snacks as appropriate to the program, 
and transportation to and from the service facility 
when needed and not otherwise available. Ser- 
vices must be provided in a home or center cer- 
tified to meet state standards for such programs. 

Authority G.S. I43B-I53; 42 U.S.C. 602(g); 42 
U.S.C. 682(a)(2). 

CHAPTER 42 - INDIVIDUAL AND FAMILY 
SI P PORT 

SUBCHAPTER 42C - LICENSING OF FAMILY 
CARE HOMES 

SECTION .2700 - MEDICAL POLICIES 

.2703 MANAGEMENT OF DRUGS 

The administrator is responsible for establishing 
and implementing procedures for the use of drugs 
by residents in the home that are in accordance 
with the requirements presented in this Section. 
The administrator must consult with a 
pharmacist, physician, pubhc health nurse, or 
other registered nurse in establishing these pro- 
cedures. 

(1) Definitions. To assure uniform under- 
standing of these requirements, definitions 
in the North Carolina Pharmacy Practice 
Act, General Statute 90-85.3, effective Julv 
1, 1982, shaU apply. 

(2) Dispensing of Drugs. 



(a) Drugs are to be obtained only on the 
written order or prescription of a practi- 
tioner licensed by law to prescribe drugs 
in this state; 

(b) These signed practitioner's orders must be 
maintained in the facility; 

(c) Verbal orders must be countersigned by 
the prescriber; 

(d) Dispensing of drugs is restricted to regis- 
tered pharmacists or other he;dth care 
practitioners that are approved by the 
North Carolina Board of Pharmacy. Re- 
packaging of medications, such as for 
temporary leave, is an act of dispensing; 

(e) The adniinistrator must arrange for emer- 
gency pharmaceutical services; and 

(f) Domiciliary homes shall not be permitted 
Ui possess a stock of prescription leuend 
drugs for general or common use. 

(3) Labeling of Drugs. 

(a) Non-prescription drugs must bear the 
manufacturer's label v\ith expiration dates 
clearly visible; 

(b) The container label of each prescription 
drug must include the following informa- 
tion: 

(i) the resident identified clearly by name; 

(ii) the name of the prescribing practitioner; 

(iii) the most recent date of issuance; 

(iv) the directions for use clearly stated and 
not abbreviated. When the prescriber's 
directions change or the label becomes il- 
legible, the container must be relabeled; 

(v) the serial number of a prescription; 

(vi) the name of the drug as prescribed. If 
generic equivalent drugs are dispensed, the 
generic name is to appear on the label; 

(vii) the strength of the drug; 

(viii) the quantity of the drug; 

(ix) the name, address, and telephone 
number of the pharmacy; 

(x) the name of the dispensing practitioner; 
and 

(xi) the expiration date ef timo datod drugs 
and aftv other auxiliary statements tl**t4- <*fe 
n e c e sf i ar)'. as required of the drug and as 
determined bv the pharmacist. 

(4) Administration of Drugs. 

(a) Drugs, including both prescription and 
non-prescription drugs, shall not be ad- 
ministered to any resident unless prior 
authorization has been obtained from a 
practitioner licon '. ed person authorized by 
law to prescribe drugs m the State. Drugs 
shall be administered as prescribed. 

(b) The adnunistrator must assure that only 
persons authoiizcd in writing by a ph\si- 



5;.? NORTH CAROLINA REGISTER May 1,1990 



254 



PROPOSED RULES 



cian, ef looa] health d e partm e nt registered 
nurse, family nurse practitioner, or physi- 
cian's assistant give injections. Registered 
nurses and licensed practical nurses are 
authorized to give injections in accordance 
with the provisions of the Nursing Prac- 
tice Act and no further authorization is 
required. 

(c) Specific directions for the quantity to be 
administered, frequency of use, duration 
of therapy, and route of administration 
must be clearly indicated by the prescriber 
for all drugs to be administered. These 
orders are to be on or attached to the 
FL-2 or \lR-2 upon entering the home, 
or the DSS-1867 or the equivalent for 
subsequent orders. 

(d) Drugs shall be self-administered only when 
ordered by the resident's physician. 

(e) \Mien self-administration has not been 
ordered, Othorwico, the drugs are to be 
given to the resident by the adntinistrator 
or other staff who are designated and de- 
termined by the administrator to be capa- 
ble Bf and appropriately trained. The 
administrator wUJ determine staff capable 
of preparing and administering drugs. 
Staff designated to prepare and administer 
drugs will be trained bv the administrator 
or other experienced staff. Training ma- 
terials will consist of the rules contained 
in U) NCAC 42C .2703 and the home's 
procedures for the use of drugs bv resi- 
dents. Designated staff in training will be 
observed bv the administrator or other 
expcncnccd staff while preparing and ad- 
ministering drugs until the staff in training 
has demonstrated, bv perfonnance. capa- 
bilitv in these specific assigned tasks. I'he 
responsibility for the admmistration of 
drugs to residents by dec i ignatod steff the 
home must be delegated by a licensed 
ph\ sician. a Licensed dentist or a registered 
nurse. 

(f) fe} The designated staff person giving the 

drug must observe the resident actually 
taking the drug and must follow any laws 
and regulations governing such acts. 

(g) ffi Recording of any administration must 

promptly follow the direct application of 
the drugd i ) drug to the body of the resi- 
dent by injection, inhalation, ingestion, 
or other means. Frecharting is prohibited. 
(h) fgf A record of all drugs given to each res- 
ident must be kept indicating each dose 
given and is to include the following: 
(i) resident's name; 



(ii) name, strength, and quantity of the 

drug; 
(iii) instructions for giving drug; 
(iv) date and time drug is administered; and 
(v) name or initials of porr . on(o) person 
giving the drug. If initials are used, a sig- 
nature equi\alent to those initials is to be 
entered on this record; 
(i) fb^ Drug administration errors and drug re- 
actions must be reported immediately to 
the practitioner who ordered the drug. 
An entry of the drug given and or and the 
drug reaction must be properly recorded 
in the drug record. A resident's refusal of 
a drug must be charted, 
(i) (i^ Oral solid drugs that are ordered for 
routine administration must be prepared 
for administration within 24 hours of the 
prescribed time for administration. The 
administrator must designate appropri- 
ately trained staff to be responsible for 
preparing the drugs for administration. 
FRN (as needed) drugs are not to be pre- 
pared in advance^ 
(k) (j-^ If drugs are prepared for administration 
in advance, the following procedures must 
be used to keep the drugs identified up to 
the point of administration and protect 
them from contamination and spillage: 
(i) All drugs prepared for subsequent ad- 
ministration are to be kept enclosed in a 
sealed or capped container until adminis- 
tered. A separate container is to be used 
for each resident and each planned ad- 
ministration of the drugs; 
(ii) The container is to be labeled with the 

resident's name; 
(iii) AU containers for a single planned ad- 
ministration are to be placed together on 
a separate tray or other de\ice that keeps 
each planned administration separate; 
(iv) Each tray or other device is to be la- 
beled clearly indicating the planned time 
for administration; 
(v) Trays or other devices are to be locked 
in the separate drug storage cabinet or 
closet to which only authorized persons 
have access; and 
(1) (4r^ Liquid drugs must be poured imme- 
diately before administration. 
(5) Review of Drugs, 'fhe administrator is re- 
sponsible for obtaining a drug rogimcn re- 
\'iew of each roc . idont resident's dnig regimen 
at least everv' six months. A resident s drug 



regimen is all drugs, both prescription and 
non-prescription. I'RN and rcnitine. which 
the resident has been taking. It also includes 
\itamins and nutntional supplements. I he 



255 



5:3 NORTH CAROLINA REGISTER May 1. 1990 



PROPOSED RULES 



main purpose of the drug regjmen review is 
to ensure that the resident's use of drugs is 
rational. The review also is to determine 
whether the home is complying with the or- 
ders of the resident's physician regarding the 
management of drugs. The review is to be 
performed by a pharmacist, physician, pub- 
lic health nurse, or other registered nurse. 
The administrator must assure that h» the 
resident's physician is informed of the results 
of the review when medical intervention is 
indicated. The Form FL-2, MR-2, Form 
DSS-1867 or the equivalent is to be main- 
tained by the facility to record these fmdings, 
recommendations and corrective action. 

(6) Storage of Drugs. For requirements on 
storage of drugs, see Rule .2207 of this Sub- 
chapter. 

(7) Disposing of Drugs. 

(a) When a resident leaves the home, his drugs 
are to be given to him, his family, ef the 
person responsible for making the place- 
ment or returned to a registered 
pharmacist; and 

(b) If drugs are discontinued or outdated, or 
upon the death of a resident, his drugs 
must be returned to an approved dispens- 
ing practitioner or registered pharmacist 
hcensed to practice in this state for docu- 
mented destruction according to current 
federal and state laws, with corresponding 
records maintained by the administrator. 

Statutory Authority G.S. I31D-2: I43B-I53. 

SLBCH.APTKR 42D - LICENSING OK HOMES 
FOR THE AGED AND INFIRM 

SECTION .1400 - PERSONNEL 

.1407 STAFFING 

(a) In addition to the requirements set forth in 
Paragraphs (b) through (d) of this Rule, the re- 
quirements in 10 NCAC 42C .2005 shall control 
for this Subchapter. 

(b) Homes must staff to the licensed capacity 
of the home or to the resident census. When a 
home is staffing to resident census, a daily census 
log must be maintained which lists current resi- 
dents by name, room assigmnent and date of 
admission and must be available for review by 
the monitoring and licensing aizencies. 

(c) fb-^ Homes with capacity or census of 7 12. 
12 or fewer residents. 

(1) At all times there must be an administrator 
or super\isor-in-charge in the home or 
within 500 feet of the home and imme- 
diately available; 



(2) A free standing home with capacity or 
census of 7 12 12 or fewer residents must 
comply with the foUowing stafTmg: 

(A) \Vhen the administrator or supervisor- 
in-charge is not on duty within the home, 
there must be at least one staff member 
on duty on the first and second shifts and 
at least one staff member on call within 
the building on third shift. There must 
be a call system connecting the bedroom 
of the staff member, who may be asleep 
on the third shift, with each resident's 
bedroom; and 

(B) When the administrator or supervisor- 
in-charge is on duty within the home on 
the first and second shifts and on call 
within the home on the third shift, an- 
other staff member (i.e., co -administrator, 
supervisor-in-charge or aide) must be in 
the building or within 500 feet of the 
home and immediately available. 

{3) A cluster of homes with capacity or census 
of 7 12 12 or fewer residents must comply 
with the following starting: 

(A) When there is a cluster of up to si.x li- 
censed homes located adjacently, there 
must be at least one administrator or 
super\isor-in-charge who lives within 500 
feet of each of the homes, is immediately 
available, and who, as supervisor for all 
the homes, is directly responsible for as- 
suring that all required duties are carried 
out in each home; and 

(B) In each of the homes, at least one staff 
member must be on duty on the first and 
second shifts and at least one staff mem- 
ber must be on call within the building 
during the third shift. There must be a 
call system connecting the bedroom of the 
staff member, who may be asleep on the 
third shift, with each resident's bedroom. 

(4) The following shall apply to all homes 
with capacity or census of 7 12: 12 or 
fewer residents: 

(A) The administrator must prepare a plan 
of operation for the home (each home in 
a cluster) specifying the staff involved, 
their regularly assigned duties and the 
amount of time estimated to be spent for 
each duty. There must be a current plan 
of operation on fJc in the home, a\ailable 
for review by bona fide inspectors and the 
monitoring and licensing agencies; 

(B) At least 12 hours must be spent daily 
pro\iding for the personal services, health 
services, drug management, meaningtul 
activities, and other direct services needed 
by the residents. These activities are the 



5:i NORTH CAROLINA REGISTER May I, 1990 



256 



PROPOSED RULES 



primar>' responsibility of the staff 
member(s) on duty on the first and second 
shifts; however, other help, such as the 
supervisor-in-charge and activities coordi- 
nator may be used to assist in providing 
these ser\'ices: 

(C) During the remaining hours, the staff 
member on duty may perform house- 
keeping and food ser\'ice duties as long as 
the staff member can respond immediately 
to resident calls or the residents are oth- 
erwise supervised. ."Vlso, the person on 
call within the home ma\' perform house- 
keeping duties between the hours of 9 
p.m. and 7 a.m. if the duties do not hinder 
care of residents or immediate response to 
resident calls, do not disrupt residents' 
normal life5t\les and sleeping patterns: 
and do not take the person on call out of 
view of where the residents are; 

(D) Additional help must be available daQy 
to assure adequate housekeeping and food 
service. 

(d) fe-f Homes with capacity or census of 13-20 
must comply with the foUowing staffmg. 
Note: WTien the home is staffmg to census and 
the census falls below 13 residents, the statTmg 
requirements for a home with 12 or fewer resi- 
dents will apply. 

(1) At all times there must be an administrator 
or supervisor-in-charge in the home or 
within 500 feet of the home and imme- 
diately available; 

(2) When the administrator or supen.isor-in- 
charge is not on duty within the home, 
there must be at least one staff member 
on duty on the first, second and third 
shifts. Since the staff member on the third 
shift is on duty, there is no required call 
system for use by the residents; 

(3) When the administrator or super\'isor-in- 
charge is on duty within the home, an- 
other staff member (i.e. co-administrator, 
super\'isor-in-charge or aide) must be in 
the building or within 500 feet of the 
home and immediately aN'ailabIc: 

(4) The job responsibility of the staff member 
on duty within the home is to provide the 
direct personal assistance and supervision 
needed by the residents. i-\n>' house- 
keeping duties performed by the staff 
member between the hours of 7 a.m. and 
9 p.m. arc to be limited to occasional, 
non-routme tasks. The staff member may 
perform housekeeping duties between the 
hours of 9 p.m. and 7 a.m. as long as such 
duties do not hinder care of residents or 
immediate response to resident calls, do 



not disrupt residents' normal lifestyles and 
sleeping patterns and do not take the staff 
member out of view of where the residents 
are. The staff member on duty to attend 
to the residents is not to be assigned food 
service duties; and 
(5) In addition to the staff member(s) on duty 
to attend to the residents, there must be 
sufficient help available daily to perform 
necessary housekeeping and food service 
duties. 
(e) (4i Homes uith capacity or census of 21 or 
more must comply with the following staffmg. 
Note: When the home is staffing to census and 
the census falls below 21 residents, the staffing 
requirements for a home with a census of 13-20 
will apply. 

( 1 ) At all times there must be an administrator 
or super\isor-Ln-charge in the home or 
within 500 feet of the home and imme- 
diately available; 

(2) WTiiie the Division of Facility Ser\ices 
may require a home to have additional 
aide duty in excess of the minimum (based 
on the condition of the residents and the 
layout of the building), the daily total of 
aide duty hours on each 8-hour shift must 
at all times (other than during short, un- 
foreseeable circumstances'l be at least: 

(A) lirst shift (morning) - 0.4 hours of aide 
duty for each resident (licensed capacity 
or resident census), or 8.0 hours per each 
20 residents plus 3.0 hours for all other 
residents, \\hiche\er is greater; and 

(B) Second shift (afternoon) - 0.4 hours of 
aide duty for each resident (hcensed ca- 
pacity or resident census), or 8.0 hours per 
each 20 residents plus 3.0 for all other 
residents. uhiche\'er is greater; and 

(C) Third shift (e\ening) - 8.0 hours of aide 
duty per 50 or fewer residents (licensed 
capacity or resident census). 

(3) The foUowmg describes the nature of the 
aide's duties, including allowances and 
limitations: 

(A) The job responsibilit\' of the aide is to 
pro\ide the direct personal assistance and 
super\ision needed by the residents; 

(B) Any housekeeping performed by an 
aide between the hours of 7 a.m. and 9 
p.m. is to be limited to occasional, non- 
routine tasks, such as wiping up a water 
spill to prevent an accident, attending to 
an mdi\ idual resident's soiling of his bed, 
or helping a resident make his bed; 

(C) If the home employs more than the 
minimum number of aides required, any 
additional hours of aide duty above the 



257 



5:i NORTH CAROLINA REGISTER May 1,1990 



PROPOSED RULES 



required hours of direct service between 7 
a.m. and 9 p.m. may involve the per- 
formance of housekeeping tasks; 

(D) An aide may perform housekeeping 
duties between the hours of 9 p.m. and 7 
a.m. as long as such duties do not hinder 
the aide's care of residents or immediate 
response to resident calls, do not disrupt 
the residents' normal lifestyles and sleep- 
ing patterns, and do not take the aide out 
of view of where the residents are. The 
aide must be prepared to care for the res- 
idents since that remains his primary duty; 
and 

(E) Aides are not to be assigned food ser- 
vice duties, however, providing assistance 
to individual residents who need help with 
eating is an appropriate aide duty. 

(4) In addition to the stafTmg required for 
management and aide duties, there must 
be sufficient personnel employed to per- 
form necessary' housekeeping and food 
service duties. 

Statutoiy Auihoriiy G.S. 13ID-2: I43B-153. 

Cn.\PrKK 49 - Al DC 

SI BCiiAn Kk 49B - Ki k;iijiih Y 

DKIKKMINMION 

SECriON .0.^00 - KI.1GIUI[.H"S F,\CTOKS 

.0.^1 1 WORK INCKM IVE FROGR.VM (WIN) 
(RKl'KALED) 

Authoritv G.S. IOS.4-29: J 43 B- J 53; 45 C.I'.R. 
233. W; '45 C.F.R. 233.20. 

.0312 ST.UE WORK RKQl IREMENT 

(a) An AIDC appliciint rc'cipiont applicant or 
recipient who is not exempt, or who is exempt 
but volunteers, must register with the nearest 
Employment Security Commission office. A 
non-exempt applicant recipient must present his 
registration card as prot)f of registration at appli- 
cation and at each rc\ iew. 

(b) Exemptions for state work reastration shall 
be found in 44 CI' R 221.3( 1 45 (MR. 25(i..^(l 
and this pro\ision is herebv adopted b\ reference 
under G.S. 15()B- 14(c). 

(c) Any claim of exemption must be \erified 
witliin 45 days from the date of application or 30 
days trom a change in situation or redetemii- 
nation. Verification will be accomplished by 
necessary collateral contacts and infomiation 
contained in the case record. 

(d) A non-exempt applicant r e cipient applicant 
or recipient who refuses to register for work is 



(2) 
(3) 



ineligible for assistance untd he registers or be- 
comes exempt. 

(e) Th*» fifst- time a registrant, without good 
caus e , refus e s to partioiputo, torminat es ef refusos 
to- aoC ' Opt employment »* r e duc e s e arnings, t4*# 
r e gistrant becomes inehgiblo fof ]\FDC f»f throo 
cal e ndar months. Afty subsoqucnt refusal, tef^ 
mination ef roduction without good caus e by the 
registrant r e sults i» his in e ligibility fof Al'DC fof 
sw- calendar months. Sanctions for failing to 
participate, refusing to accept employment, ter- 
minating employment, or reducing earnings 
without good cause shall be found in 45 C.l-.R. 
250.34 and this proyjsion is hereby adopted by 
reference under (i.S. 15()H-14(c). 

(f) Cjood Cause, leased upon evidence pro- 
vided by the applicant rucipiont, applicant or re- 
cipient, the county director or his designee must 
determine good cause for refusing to participate, 
terminating employment, refusing to accept em- 
ployment or reducing earnings. Good cause is 
defined as: 

(1) a court appearance; 

an illness which can be substantiated by 
a doctor's statement; 

a famdy crisis or a change, including; but 
not limited to death of a spouse, parent. 
(2r child: participalion in a drug or alcohol 
rehahilitatum program: 

(4) a breakdown in transportation an:inge- 
ments with no readil)" available alternate 
means of transportation: 

(5) a breakdown in the child care arrange- 
ment: 

(6) an assignment or job refenal that does 
not meet the criteria for reasonable em- 
ployment -- that is hours and salar> com- 
parable to those in community, work is 
suitable to person's skills, and is not haz- 
ardous; 

(7) weather that is bad enough to keep the 
registrant, and other persons similarh sit- 
uated, from tra\eling to, or participating 
in the required acti\ity: 

(S) the applicant ixHipit ' iit applicant or re- 
cipient is employei.1 alieatl) : 

(9) a job referral when emploMnent lel.ited 
senices are not in j^lace: 

(10) refusal to accejit inajtir medical services 
and or social ^. lm \ Icl" . e\en when such re- 
fusal prevents participation in the pro- 
gram: 

(11) available child care is not suiteil to the 
special needs of the child for w hoin it is 
intended: 

(12) any other reason determined b\- the 
county director or his desiaiee. 



5:3 M)RTH CAROLINA REGISTER May I, 1990 



25S 



PROPOSED RULES 



Authority G.S. IOSA-29; J43B-/53; 45 C.F.R. 
233. 10: '45 C.F.R. 233.20; 45 C.F.R. 250.30; 45 
C.F.R. 250.34. 

.0313 COMMUMTYWORK EXPERIENCE 
PROGRAM (CWEP) (REPEALED) 

Authority G.S. I43B-I53; 45 C.F.R. 23S. 

.0314 JOBS PROGRAM (JOBS) 

(a) An AFDC applicant or recipient who is not 
exempt, or who is exempt but volunteers and 
lives in a county participating in JOBS must 
participate in the Program. 

(b) lixemptions are mandated in 45 CI-'R 
250.30, which is hcrebv adopted by reference 
under G.S. 1 SOB- 14(c). ' 

(c) Based upon e\idcncc pro\ idcd by the ap- 
plicant or recipient, the county director or his 
designee must determmc good cause for refusmg 
to participate, terminating employment, refusing 
to accept employment or reducing earnings. 
Good cause definitions found in 10 NCAC 49B 
.0312(0 shaU apply. 

Authority G.S. I43B-I53; 45 C.F.R. 250.30. 

SLBCll.VPTER 49C - EMERGENCY 
.ASSISTANCE 

SECTION .0100 - COVERAGE 

.0101 ELIGIBILITY FOR COVERAGE 

(a) liligibiUty for coverage will be as follow^s: 

(1) Emergency Assistance shall be provided 
to or on behalf of » needy cliiid(rL ' n) chil- 
dren under the age of 21, the specified 
relative of the needy child(ri. ' n). children, 
the spouse of the specified relative and all 
other mdividuals sharing the same single 
unit dwelling with the exception of 
roomer bocirdfrs roomer boarders and 
other mdi\iduals who occupy a separate 
apartment within the single unit dwelling. 
The needy child under the age of 21 who 
is within the specified degree of relation- 
ship must be living with the specified rel- 
ative or ha\e lived with the specified 
relative within six months prior to the 
month in which Emergency Assistance is 
requested. 

(2) Eamihes of migrant workers shaU be cov- 
ered if the requirements stated in Para- 
graph (a) of this Rule and the rciiulations 
stated m 45 CER 233.120 are met. 45 
CER 233.120 is hereby adopted by refer- 
ence under G.S. 150B-14(c). 

(3) Individuals who are illeiial ,ilicns are not 
eliable lor Enieniencv .Assistance. 



(b) Verification: 

(1) ITie county shall accept the applicant's 
statement to verify the household com- 
position. 

(2) The county shall accept the applicant's 
statement verifying living with and kinship 
unless questionable. If the applicant's 
statement is questionable, the county de- 
partment of social services shall be re- 
quired to verify living with and kinship 
according to rules in 10 NCAC 49B .0304. 

(3) The county shall accept the applicant's 
statement regarding alien status unless 
questionable. H the applicant's statement 
is questionable, the county department of 
social ser\ices shall be required to verify 
the status using documentary evidence 
prcnided by the appliccmt. 

Statutory Authority G.S. /43B-/53; Chapter 
1014. Section 119, Session La\vs I9S5 (1986 
Regular Session). 

SECnON .0.^00 - RESER\ E .AND INCOME 

.0302 INCOME 

(c) Determination of Net Income 

(1) Net unearned income is the amount actu- 
ally received by each applicant or ineligi- 
ble alien. 

(2) Net earned income, other than income 
from a farm, small business, property 
rental, or a roomer ' boarder, roomer 
boarder, is the amount remaining after 
pasroll deductions for Social Security 
(EIC'A), federal and state taxes, medical 
and hospital insurance, retirement, union 
dues, and any other deduction required 
by the emplo_\er. 

(3) Net earned income from a farm is the 
amount remaining after deduction of op- 
erational expenses directly related to 
producing the income. These expenses 
include but are not limited to: 

(A) fertilizer, insecticides, seed, crop insur- 
ance; 

(B) livestock maintenance; 

(C) rent pa\ments; 

(D) taxes; 

(E) building and equipment maintenance; 
(1 ) interest on debts. 

(4) Net earned income from a small business 
or from self-employment is the amount 
remaimng after deduction of operational 
expenses directly related to producing the 
income. These expenses ma\' include but 
are not limited to: 

(A) taxes required to operate the business; 



259 



5:3 NORTH CAROLINA REGISTER 



Muv 1, 1990 



PROPOSED RULES 



(B) licenses and permit fees; 

(C) rent payments; 

(D) insurance; 

(E) labor costs; 

(F) maintenance; 

(G) products required to operate the busi- 
ness; 

(H) interest on debts; 

(I) food costs for self-employed babysitters. 

(5) Net earned income from property rental 
is the amount rem;iining after deduction 
of operational expenses directly related to 
producing the income. These expenses 
may include but are not limited to: 

(A) interest on debts; 

(B) taxes; 

(C) insurance; 

(D) maintenance; 

(E) utilities; 

(F) labor costs; 

(G) real estate agent's fees. 

(6) Net earned income from a roomer botirdiT 
roomer boarder is the amount remaining 
after deduction of the cost of food directly 
related to producing the income. 

(7) Net earned income of an illcL'al alien, as 
defmed in this Rule, minus his needs, shall 
be counted. 

Statutoiy Aulhoritv G.S. I43B-I53: Chapter 
1014. Section 119, Session I.m's 1985 ( I9S6 
Regular Session). 



Services Bldg., 321 Chapanoke Road, Raleigh, 
NC 27603. 

i^ommenl Procedures: Any interested person 
may present hisjher views and comments either in 
writing, or orally at the hearing. Any person may 
request information, permission to be heard or 
copies of the proposed regulations by writing or 
calling Donna A. Creech, 325 N. Salisbury St., 
Raleigh, NC 27611. 9 1 9i 733-3055. 

CHAPTER 30 - FOOD ASSISTANCE 
SECTION .0200 - M.VNLAL 

.0217 INCOME E.XCELSIONS 

Income exclusions are found in 7 CI'R 273.9 
and this pro\ ision is hereby adopted by reference 
under G.S. 150B- 14(c). In addition, the follow- 
ing income shall be excluded in determining el- 
igibility and benefit level. 

Famed income from census emplo\ment under 
Section 17(b)(1) of the Food Stamp Act wliich 
allows experimental projects, contingent upon 
receipt of federal regulations in sufficient time for 
unplementation. 

Authority G.S. lOSA-25: lOSA-53: 143B-153; 7 
C.F.R. 273.9; Section ribl(l) of the Food 
Stamp Act. 

CHAPTER 49 - AFDC 



SI BCMAPTFR 4'>I) - WORK 

SI PPLEMEN lAIION I'R()(;RAM (WSP) 

(REPEALED) 

.0001 WSP OPKR.MION 

.0002 FFi(;ii5ii n ^ for parik ip.mion 

.000.? WSP PROCEDFRKS 

Statutory Aulhoritv O.S. 1438-153: Chapter 
1014. Section 1 28. 1985 Session Laws {1986 
Regular Session); 45 C.F.R. 239. 

****************** 



lyoticc is hereby given in accordance with G.S. 
l50B-t2 that the DllR - Division of Social Ser- 
vices intends to adopt rulcfsi cited as 10 .\C.U^ 
30 .02 r and 10 SCAC 49F .0001 - .0004. 

1 he proposed effective date of this action is 
September I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on June 6, J 990 at Disability Deicnninaiion 



SFBCIIAPTFR 49E - IRANSIl ION A! dill \^ 
(ARE 

.0001 (;ENER Al RKQI IREMENIS 

(a) Requirements for transitional chikl care are 
found in 45 CFR Part 256 which is hereby 
adopted by reference under Cj. S. 15()B- 14(c). 

(b) To recei\e transitional child care, the 
/\F'DC assistance unit must meet the eligibility 
requirements as specified in 45 CFR I'art 256 and 
request transitional child care on a stale pre- 
scribed fomi. Ilie request form shall be sent to 
the AFDC pa\ee with the legal notification o{ 
ineligibility for .\I 1X\ 

Authority G.S. /OS.l-25: J43l!-153: 45 ('.I'.R. 
Part 256. 

.0002 MEIIIons Ol PU()\ l!)IN(. (Mil I) 
(ARE 

County departments shall pro'.ide child care b\ 
one of the following methods: 
( I ) \'endor pa\menls; 

(2) Pro\iding a cash payment in .kK.uuc to the 
caretaker relati\e: 



5:3 ^ORTH CAROLINA REGISTER May I, 1990 



260 



PROPOSED RULES 



(3) Reimbursing the caretaker relative tor the 
amount of child care paid. 

Auihoriiv G.S. IOSA-25; 143B-153; 45 C.F.R. 
Part 256. 

.0003 SLIDING FEE SCALE 

(a) The caretaker relative shall pay a monthly fee 
to the child care provider. The child care pro- 
vider shall sign the caretaker relative's monthly 
report of his situation to verify the fee has been 
paid. 

(b) The amount of the fee shall be determined 
using the sliding fee scale in place for publicly 
subsidized day care services through the State 
Division of Facility Services. 

(c) ITie minimum fee to be paid by a caretaker 
relativ'e shall be five dollars ($5.00). 



Aulhoritv G.S. 
Part 256. 



IOS.4-25; 143B-I53: 45 C.F.R. 



.0004 CHILD CARE R.VTES .\ND 
\L\\IMLM PAYMENT 

(a) For children who are in a De\'elopmental 
Day Care Program certified by the Department 
of fluman Resources' Division of Mental Health, 
Mental Retardation and Substance Abuse, the 
transitional child care pa\ mcnt shall be the actual 
monthly cost of care minus the caretaker rela- 
tive's fee. 

(b) For child care arrangements other than 
those specified in Paragraph (aj of this Rule, the 
transitional child care payment shall be the actual 
cost of care up to the local market rate estab- 
lished for the type arrangement minus the care- 
taker relative's fee. The local market rates shall 
be developed by the Department of Human Re- 
sources' Division of Facility Senices in accord- 
ance with 45 CFR Part 256. The local market 
rates shall be published in the AFDC Program 
.Manual. 

(c) The statewide ma.ximum payments shall be 
as follows: 

(1) For children in certified Developmental 
Day Care programs, the statewide maxi- 
mum payment shall be the actual cost of 
the program. 

(2) For other child care arrangements, pay- 
ment shall be hmited to the maximums 
established as the local market rates. 



Aut/ioritv G.S. 
Part 256. 

■k "k -k -k -k 



108.4-25: I43B-I53: 45 C.F.R. 



"k :k ii "k -k "k 



•k -k -k -k -k 



lyotice is hereby gh'en in accordance with G.S. 
I50B-I2 that the Dhision of Youth Services in- 
tends to amend rules cited as 10 NCAC 44B 

.0301, .0303, .0504, .0506, .0508, .0512 and .0515. 

1 he proposed effective date of this action is 
September I. 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on June 6, 1990 at Disability Determination 
Building, 320 Chapanoke Road, Raleigh, .\orth 
Carolina. 

L^omment Procedures: Any interested persons 
may present his or her views or comments either 
in writing or orally to the commission. Fime lim- 
its may be imposed as deemed necessary by the 
commission chairman. Any person may request 
information or copies of the proposed regulations 
by writing Hadley Whiiiemore at the Division of 
Youth Services. 705 Palmer Drive. Raleigh, AC 
27603 or by calling (919 J 733-3011. 

CHAPTER 44 - Dl\ ISION OF ^ OLTH 
SERMCES 

SUBCHAPTER 44B - NORTH CAROLINA 

MINIMUM STANDARDS FOR .ILNENILE 

DETENTION FACILITIES 

SECTION .0300 - ST.ANDARDS FOR 
PERSONNEL 

.0301 STAFF QLALIFICVTIONS 

(a) Detention director (any por '. on ' ■ vho ' ^L ' fott 
tirno e mploym e nt i^ tferrt t4 admiiUL ' truti' . U ' fe- 
Dpom . ibility fof daily op^■ ' ration ©f tfee facility): 
b an\' person, meeting the critena stated in this 
Ruk". who is empkned on a lull-time ba>is tor 
the purpose of fulfilling the admimstratne re- 
sponsibilities entailed bv the facility s daih" oper- 
ations. 

(1| This position shall be fdled b_\' a person 
having a minimum ol a bachelor of arts 
degree or a bachelor of science degree 
from an accredited college or university. 
Hft4 V . hL ' ii po - j -' ibl e bv a per ^' On vritfe grad 
ttrrt^ t laming. 
(2j I he detention director shaU also have not 
ha\'e less than three years of related expe- 
rience. t*fte ve«f two years of wliich must 
have been at the administrative or super- 
visor.' level. Related experience shall be 
dcfmcd as probation officer and or court 
counselor, or local &f -tett^ depart numt t4~ 
' Hicial ' jen 111" ' , ' . vork h+ ct ]U\ emle 
correctional in '' titution t*f public adinini -' 
tralion. as law enforcement, \outh scr- 



261 



5:3 AORTH CAROLLXA REGISTER May 1,1990 



PROPOSED RULES 



vices, or other human services 
professional. 

(b) Aflniotant Diroctor and/or Dotontion 
Cas e work e r and/or Supop i 'isor A Youth Center 
Shift SupcA'isor or Youth Program Assistant III 
is any person who provides administrative re- 
sponsibility in absence of the Director. This 
position shall be filled by a person having a 
minimum of bachelor of arts degree or a bachelor 
of science degree from an accredited college or 
university. This person shall have a minimum 
of two years experience as a caseworker, super- 
visor and/ or group work experience in a child 
welfare or family agency, children's institution or 
related experience as defined in (a) of this Rule. 

(c) SupL'P i ii i oru a«4 Group Coun ' iclorG Counse- 
lor Technicians arc all personnel whose full time 
employment consists of providing daily programs 
and supervision of Cluldron juveniles during 
program hours. 1 he position shall be filled by 
persons ha\ing a minimum of: 

(1) high f . chool e ducation one year college 
supplemented by three or more years of 
experience working with children juveniles 
or teen-age groups; or 

(2) two or more years of college training; or 

(3) any combination of (1) and (2) of this 
Paragraph equalling not less than three 
years of training; or 

(4) completion of a two year certificate or as- 
sociate degree from a community college, 
or other coUege, and one year of experi- 
ence working with children. 

(d) D e t e ntion Attendant - ; . (AW- Perr . onn e l \Vhof .e 
EmploymL ' nt Cou 'i if i to ef Suporsiiion During 
Non program Hours). 1'hir . position chall be 
fillod by pLT ' - i on i ' i having a minimum »f high 
school e ducation rH*4 »«■ o>ipn. 'J i i. ed intere '. t aH4 
ability te- int e ract with childron aH4 youth h* a 
positive manner. The Cottage Parent position 
shall be filled bv persons ha\ing a minimum of 
high school education or equi\alenl and one year 
experience wx^rking with children. 

(e) ^VU other staff L . hould shall have, training, 
experience and competency in job role being 
performed plus a demonstrated interest and abil- 
ity to interact with childron juveniles and youth 
in a positise manner. 

(f) Comment. None of the personnel standaids 
in this Rule shall be interpreted to disqualify any 
person now employed on a full-time basis in any 
juvenile detention facihty upon the effective date 
of ratification of these standards. Any new per- 
sonnel hired aft4r or promotions given to pres- 
ently employed personnel shall strictly adhere to 
the standard set out as above. 



Statutory Authority G.S. I34A-39: J53A-220; 
I53A-22I; I53A-22I.I: I53A-227. 

.0303 TRAINING AND STAFF DEVELOPMENT 
OF DETENTION PERSONNEL 

Orientation for new employees, in-service train- 
ing, and a staff development program shall be 
provided. All local juvenile detention facihty 
personnel must have euccL'nr i fuUy completed a 
training program approved by t4*e division ef 
youth senioos. in accordance with applicable 
standards as promulgated by the North Carolina 
Criminal .lustice F.ducation and Training Stand- 
ards Commission, as set forth in OS. 17C-6 and 
17C-10. A 12-month probationary period is 
granted for the completion of training for new 
employees. No person may serve on a tempo- 
rary or probationary basis for longer than one 
year. 

Statutorv Authority G.S. J53A-220; J53A-22J.J; 
I53A-227. 

SECriON .0500 - STANDARDS FOR DAILY 
PROGRAMS AND SERVICES 

.0504 MEDICAL CARE 

Each detention facility shall develop a written 
plan for providing routine and emergency med- 
ical care, fe* tlh* childrun dotainud, pur^ i uant te 
the provisions ef G.S. 153A 325. Ihc plan shall 
be administered under the supervision and direc- 
tion of a hccnsed ph\sician. The plan shall be 
developed pursuant to the provisions of G.S. 
15.^A-225 and shaU comply with mandatory 
standards 2-X24'J, 2-S25I. 2-8253, 2-8258, 2-826,^, 
2-S273. 2-827^), and 2-82^0 of t_he Amencan 
Correct i()nal Association vStandards for Ju\cnile 
Detention Facilities, Second Edition, January 
l'^83, which standards are incorporated bv refer- 
ence into these Rules, pursuant to Cj.S. 
15()B- 14(c). the plan shall also provide for 
psychological or psychiatric suppcnl services dc- 
\eioped pursuant to Cj.S. I53/\-225. 

Slatutofj Authority G.S. I34A-20: LUA-39: 
I53A-22I: I53A-22I.I: I53A-225: I53A-225.I. 



.0506 ROOM RESTRICTION OR 
CONFINEMENT 

I ' iolation ef rL ' inoval ef a child from tbe gioup 
a«4 confinenient to his room shall be con ' idi ' iL ' d 
a» e.\trein e fonn ef di '. cipline. Clo -. e supeiMSK'n 
e+ the child shall be offered dunng the t*se »f 
isolation. Tim e intonalo shall be at- least onc e 
ever t ' 30 minut e s te- communicate with the child 
afki te- esaluato the child's need ft+f continued 
isolation. 44h» stall memb e r shall record m 
wnling his, her obser' i citions t» t*+ the cluld's 



5.-.? NORTH CAROLINA REGISTER Mav L 1990 



262 



PROPOSED RULES 



ijonc ' Ril attitud e aft4 conJition »«4 thoso obf . or 
vat ions i . hull t>e pluocJ i» t4*» child's rooord ttft4 
ontt ' R ' d »«■ tb** daily k*gr lookition f . hall »»*• 
n(jnnally t*«» fof a puriod »f t+me longer than -1-3 
hcuir -. L'Hcluding olofping tim e . +f longer than -1-3 
hour '. . i4- j. hull h^ ruportod to- the r . tato coni . ultarU, 
Bf to- A** State Diructor ef Detention SoP i' tc e s, 
©f to At» Director ef '^^outh SeP i' icor . . 

(a) Removal of a iu\cnile frtim the group and 
restriction to his room or confinement shall he 
considered an extreme form of discipline. During 
any room restriction or confinement, locked or 
unlocked, for either major or mmor violations 
of center rules, staff shall make visual contact 
with the juvenile at least everv' 15 minutes and 
shall, depending on his hehavior, interact with 
the ju\enile in an effort to solve problems and 
dctennine a release tune. I he staff member shall 
record in wnting in e\erv case of restriction or 
confinement, at each 15 minute internal, his ob- 
servations as to the jiuenile's behavior while rc- 
stncted or confined- 



vices or to the Director of the Di\ision of Youth 
Services. 



The 



re 



cord of room 



restriction or confinement shall be placed in the 
juvenile s file and referred to in the dailv log. 

(b) I'olicv and procedure shall specifv that 
room restnction for minor misbeha\'ior serves 
onlv a "cooling olf purpose and is short in du- 
ration, with the time period of no more than 611 
minutes, specified at the time of assignment. 

(c) I'olicN and procedure shall require that 
empknees prepare an incident report to be 
placed in the iu\enilc s file, where thev have rea- 
sonable belief that a juvenile has committed a 
major violation of facility rules. Such reports 
must include, but are n<^t limited to. the k^llow- 
ing information: 



( 1 ) specific rule violatcch 

(2) explanation of the event. 



including who 



was in\ oKed. what transpired, and the 
time and ku'ation of the occurrence; 

(3) unusual ju\enile behavior 

(4) staff witnesses: 

(5) disposition of an\ ph\ sical evidence: 

(6) any immei-liate action taken, including use 
of kirce: 

(7) reporting staff member's signature; 
(N) date and time report is made. 

(d) When a ju\enile has been charged with a 
major rule violation requinng confinement lor 
the sak'tN o\_ the ju\enile or other juveniles, or to 
ensure the security of the tacilitv. the ju\enile 
maN' be confined for a period [^ U£ 12. .^ con- 
secuti\e hours. Any confinement of over 24 
consecutne fiours must be at_ the direction ot the 
detention center director ox_ ilesignee and shall be 
repoited to the Xhinager o[ Detention Services. 
L^eput\ Director of the Division of ^'outh Ser- 



(e) Written policy and procedure shall specify 
that any juvenile placed in room restnction or 
confinement shall be afforded living conditions 
and pnvileges approximating those available to 
the general population, l^xceptions are justified 
by clear and sustained evidence. 

Slatutoty Authority G.S. I53A-22I; I53A-22I.I. 

.0508 RUNAWAYS 

Written procoduror . r . hall h» developed fof <+»# 

appropriate k+w- enforcement agencier i . f"; . cap e 
frcim y+e d e t e ntion facility i. hall b# immediately 

ef Ae child, -f* ttke >. hall be r e ported imm e 
diat e ly f++ Ae child !) kimily (v . hen po '.^. ible) ttH4 
te (+» child ' ■ -• . court coun -. elor «+f k+ t+n* child 'r . 
i. ocial ' ienice 'i worker. I pon A«» child' ; ' , r e turn 
te- t4+e d e t e ntion kicilily. punitiv e action ' .) ^. hall W 
avo i d e d. A wntt e n r e port fof ti+e record ;, -. hall 
be mad e when A*» child runr . away from 4e- 
tention. '44*e report '. hall include name, method 
*4 e '. ciipe. der . tination, treatment upon return, 
rear . on ' i ft+f t4+e runa\' . iiy. ho v . k- might ha' i e been 
pro' . ented. a«4 awy other ink'imation ' . ' ■ hich ma\' 
be pertinent to the e r . cap e . 

(a) Wntten procedures for handling runaways 
shall be de\ekipcd. reviewed annually, and up- 
dated as necessan'. I hese procedures shall be 
available to aU personnel. 

(b) The procedure shall include immediate re- 
porting to law enforcement personnel. t_o the ju- 
venile's parents or guardian, and to the juyenile's 
court counselor. Any person previously notified 
of a runaway must be promptly notified of the 
juvenile's apprehension. 

(c) Procedure shall specit\ that all written re- 
ports are entered into the luvenile's file ami ctm- 
tain the hallowing inlormation: name, date, tune 
and means of runaway ; documentation of re- 
porting: ey ents leading to runaway : destination. 
it known; response to runaway behay lor, upon 
return: any mien entum elesigned \o_ reduce like- 
lihood ol further incidents. 



(d) I pon return to the tacilitv. the juv enile 
shall be confined lor a penod ot u£ to :^ hours, 
during which time isolation is documented as es- 
tablisheel ni Rule .0.506 ol_ this SectuMi. and rn 
addititMT. the |u\ enile i^ counselci.1 regarding the 
event. Confinement for peruuls ot' oyer 24 hours 
must be autlmn/ed by the .Manager ot Detention 



Scryic 



and reviewed eyerv 24 hours bv the 

M.inager or a designated administrator not in- 
volved in the incident. When w+e t4 the nina 
Wt+v? any ninawav from one of the trauiing 



26.^ 



5:i I\'ORTH CAROLINA REGISTER Mav 1,1990 



PROPOSED RULES 



schools is apprehended and immediate transpor- 
tation back to that school is not possible, de- 
tention care shall be provided. Detention care 
shall be provided where necessary for juveniles 
who have run away from other jurisdictional 
districts within the state and/ or from other states 
and who require secure custody pending trans- 
portation. 

Statutory Authority G.S. 7A-574; I34A-39; 
153A-22I: I53A-22I.I. 

.0512 EDUCATION 

An education program shall be provided and 
shall be designed to meet the specific needs of the 
children, juveniles. The school shall be operated 
on a 12-month basis. The classroom facility 
shall be equipped for academic and remedial 
work, arts, crafts, mur . io, eter math, science, 
language arts, social studies and health education. 
All detention centers educational programs shall 
be conducted in a designated area that is \\ell 
lighted and conducive to learning. The cumc- 
ulum shall be adapted to the age, capacity and 
interests of the individual and the group, and it 
shall aim for an educational experience realistic 
to the limits of the relatively brief length of stay. 
A wide variety of diagno^ i tic aft4 indi\ idualized 
learning materials, visual aids, and othor Dpc'cial 
dovicL '- i audio shall be used. fA- Icuming }*b typo 
progriim t* appropriate. ) All centers shall have 
up-to-date academically appropriate books and 
matenals. All teachers employed t*y At* local 
board ef oducatiun fof t+M* in a detention facility 
muot shall have a North Carolina Teacher's Cer- 
tificate as required by the State Board of Educa- 
tion, lull-time detention teachers shall be 
alloted a minimum of fnc hours planning time 
per week, without student activity. The teacher 
shall be considered as part of the detention staff, 
and shaU be included in staff meetings and staff 
development programs. 4-h*» t:hild'!: i ossn f . chool 
shall b«* notifi e d immi'diat e ly e+' Ai* child s tie- 
tontion aftd r . L'nd upon rt'quo '. t a r . ummapf rf t+H? 
child 'n achiovLMUont »ft4 sp e cial probl e ms. j\lso 
tlte dL'tL ' ntion toachor shall report back t+* t+H* 
school t4*e child s progrt ';.;. m t+h* dL ' tL ' ntion 
school aft4 spocial probloms i«- t4*e dutontion 
school. Hach dL ' tained child juveiulc shaU be re- 
quired to participate in the educational program 
of the detention facility, daily, excluding ' . ' . ook 
e nds ftft4 holidays, unlo -. s tliLTO i^ some medical 
and or psychological reason Vi4w tl*e chil i i should 
ft»4- attend clas . s. Participation m the education 
program shall not be rest net ed witlnuit the ap- 
proval of the Manager of Detention Services, ex- 
cept for approved absences for illness, and shall 



be restricted only in a manner consistent with 



G.S. 115C-112. 



Statutory Authority G.S. 1 ISC- 1 12; 
1 34 A- 39; 153 A- 22/./. 



/ 34 A- 20; 



.0515 RECREATION 

AH detention facihties shall provide 
corooroationol recreational programs as w«4i as 
separate activities appropriate to the different in- 
terests and needs of boys afi4 girls, juveniles. 
The schedule for the juveniles shall include at 
least one hour per day of phvsical activity and 
one hour of structured, leisure-time acti\itv. The 
activities program shall be geared to specific goals 
for individuals as well as for the group as a 
whole, h shall also provide as many opportu- 
nities as possible for achievement and success for 
the oliildron. juveniles. The program shall be 
well balanced — oraaiuzod a«4 unorganized, vig- 
orous a«4 quiot activiti e s, and well supervised. 
both indoor aft4 outdoor recr e ational programs. 
Except those restricted for health or security rea- 
sons, all children juveniles shall engage in super- 
vised vigorous outdoor recreation each day unless 
severely inclement weather conditions do not 
permit. 

Statutory Authority G.S. /34A-20; /34A-39; 
/53A-22/; /53A-22/.J. 

TITLE 1 1 - DEPARTMENT OE 
INSURANCE 

ly otice is hereby given in accordance with G.S. 
/SOB-/ 2 that the Department of / nsurance intends 
to adopt rules cited as // .\CAC /2 ./OO/ - ./0/S. 

1 he proposed effective date of this action is 
September I. 1990. 

1 he public hearing will he conducted at /0:00 
a.m. on May 3/. /990 at Dobbs Building, 3rd 
Floor Conference Room, 430 \ . Salisbwy Street, 
Raleigh. .V.C. 276//. 



Co 



ommcnt Procedures: Written comments may 
be sent to Theresa Shackelford, P.O. Box 26387, 
Raleigh, .V.C. 276//. Oral presentations may he 
made at the public hearing. .Anyone having 
questions should call Theresa Shackelford at 
(9/9) 733-S060, or Ellen Sprenkel at (9/9J 
733-4700. 

CHAPTER 12 - LIKE: ACCIDENT AND HEALTH 
DIMSION 



5:3 NORTH CAROLIN.4 REGISTER May I, 1990 



264 



PROPOSED RULES 



SECTION .1000 - LONG-TERM CARE 
INSLRANCE 

.1001 APPLICABILITY AND SCOPE 

Except as othen\'ise specifically provided, this 
Section applies to all new and renewal policies 
delivered or issued for delivery' in North Carolina 
on or after September 1, 1990. 



Statutory 
58-55-30(a). 



Authority G.S. 58-2-40(1); 



.1002 DEFINITIONS 

As used in this Section, the terms "applicant", 
"certificate", "group long-term care insurance", 
"long-term care insurance", and "policy" have 
the meanings set forth in G.S. 58-55-20. 



Statutory 
58-55-30 (a). 



A uthoritv 



G.S. 



58-2-40(1); 



.1003 POLICY DEFINITIONS 

(a) No policy shall use the words or terms 
named in this Rule unless they are defined in the 
policy and the definitions satisfy the requirements 
in this Rule. 

(b) "Acute condition" means that the individ- 
ual is medically unstable and requires frequent 
monitoring by medical professionals, such as 
physicians and registered nurses, in order to 
maintain his health status. 

(c) "Medicare" means the "Health Insurance 
for the Aged Act", Title XVIII of the Social Se- 
curity /Vmendments of 1965, as amended. 

(d) "Mental or nervous disorder" does not in- 
clude more than neurosis, psychoneurosis, 
psychopathy, psychosis, or mental or emotional 
disease or disorder. 



Statutory 
58-55-30 (a). 



A uthoritv 



G.S. 58-2-40(1); 



.1004 POLICY PRACTICES AND PROVISIONS 

(a) The terms "guaranteed renewable" or 
"noncancellable" may not be used in any indi- 
vidual policy without further explanatorv' lan- 
guage in accordance with the disclosure 
requirements of 11 NCAC 12 .1005. 

(b) No individual poUcy may contain renewal 
provisions less favorable to the ijisured than 
"guaranteed renewable": Pro\ided that the 
Commissioner ma\ authorize nonrenewal on a 
statewide basis, on terms and conditions he con- 
siders necessar>' to best protect the interests of the 
insureds, if the insurer demonstrates that: 

(1) renewal will jeopardize the insurer's 
solvencN"; or 

(2) the actual paid claims and expenses ha\e 
substantially exceeded the premium and 



investment income associated with the 
policies; and 

(3) the policies will continue to experience 
substantial and unexpected losses over 
their lifetimes; and 

(4) the projected loss experience of the poh- 
cies cannot be significantly improved or 
mitigated through reasonable rate adjust- 
ments or other reasonable methods; and 

(5) the insurer has made repeated and good 
faith attempts to stabilize loss experience 
of the policies, including timely filings for 
rate adjustments. 

(c) The term "guaranteed renewable" may be 
used only when the insured has the right to con- 
tinue the policy in force by timely pa\ments of 
premiums; dunng which period the insurer has 
no unilateral right to make any change in any 
pro\ision of the pohcy while the poUcy is in force 
and can not refuse to renew: Provided that rates 
may be revised by the insurer on a class basis. 

(d) The word "noncancellable" may be used 
only when the insured has the right to continue 
the policy in force by timely payments of premi- 
ums; durmg which penod the insurer has no right 
to unilaterally make any change in any provision 
of the policy or in the premium rate. 

(e) No policy may limit or exclude coverage 
by type of illness, treatment, medical condition, 
or accident, except as follows: 

(1) preexisting conditions as specified in G.S. 
58-55-30;" 

(2) mental or nervous disorders, except for 
Alzheimer's Disease; 

(3) alcoholism and drug addiction; 

(4) illness, treatment, or medical condition 
arising out of 

(A) war or act of war (whether declared or 
undeclared); 

(B) participation in a felony, riot, or 
insurrection; 

(C) service in the anned forces or units 
au.xilian" thereto; 

(D) suicide, attempted suicide, or inten- 
tionally self-inflicted injury: or 

(E) a\iation activity as a nonfare-pa\ing 
passenger. 

(5) treatment provided in a go\'emment facil- 
ity (unless othervsise required by law): 
services for which benefits are available 
under .Medicare, under an\" other go\em- 
mental program (except Medicaid), or 
under any state or federal workers' com- 
pensation, employer's liabilitN , or occu- 
pational disease law; services pro\ided by 
a member of the insured's immediate 
familv; and services for which no charge 



265 



5:5 i\OR TH CAROLLXA REGIS TER 



May I, 1990 



PROPOSED RULES 



is normaUy made in the absence of insur- 
ance, 
(f) Termination of a policy shall be without 
prejudice to any benefits payable for 
institutionalization if the institutionalization be- 
gan while the policy was in force and continues 
without interruption after termination. Such ex- 
tension of benefits beyond the period during 
which the policy was in force may be Umited to 
the duration of the benefit period, if any, or to 
payment of the maximum benefits; and may be 
subject to any policy waiting period and all other 
applicable provisions of the policy. 



Statutory Authority 
58-55-3b(a). 



G.S. 58-2-40(1); 



.1005 CON riMJATION OR CONNKRSION 

(a) Group long-term care insurance newly is- 
sued or renewed in North Carolina on or after 
September 1, 1990, shall provide covered indi- 
viduals with a basis for continuation or conver- 
sion of coverage. 

(b) As used in this Rule, "a basis for contin- 
uation of coverage" means a policy provision 
that maintains coverage under the existing group 
policy when such coverage would otherwise ter- 
minate and that is subject only to the continued 
timely payments of premiums when due. A 
group policy that lawfully restricts provisions of 
benefits and services to, or contains incentives to 
use, certain providers or facilities, may provide 
continuation benefits that are substantially 
equivalent to the benefits of the existing group 
policy. The Commissioner shall make a deter- 
mination as to the substantial equivalency of 
benefits; and in doing so shall take into consid- 
eration the differences between managed care and 
non-managed care plans, including provider sys- 
tem arrangements, service availability, benefit 
levels, and administrative complexity. 

(c) As used in this Rule, "a basis for conversion 
of coverage" means a policy provision that an 
individual: 

(1) whose coverage under the group policy 
would otherwise terminate or has been 
terminated for any reason, including dis- 
continuance of the group policy in its en- 
tirety or with respect to an insured class; 
and 

(2) who has been continuously insured under 
the group policy, and any group policy 
that it replaced, for at least three months 
immediately prior to termination, shall be 
entitled to the issuance of a converted 
policy by the insurer under whose group 
policy he is covered, without evidence of 
insurability. 



(d) As used in this Rule, "converted pohcy" 
means an individual pohcy providing benefits 
identical to or benefits determined by the com- 
missioner to be substantially equivalent to or in 
excess of those provided under the group pohcy 
from which conversion is made. Where the 
group pohcy from which conversion is made 
lawfully restricts provision of benefits and ser- 
vices to, or contains incentives to use, certain 
providers or facihties, the commissioner, in mak- 
ing a determination as to the substantial equiv- 
alency of benefits, shall take into consideration 
the differences between managed care and non- 
managed care plans, including provider system 
arrangements, service availabihty, benefit levels, 
and administrative complexity. 

(e) Written apphcation for the converted policy 
shall be made and the first premium due, if any, 
shall be paid as directed by the insurer not later 
than 31 days after termination of coverage under 
the group pohcy. The converted policy shall be 
issued effective on the day following the termi- 
nation of coverage under the group policy; and 
shall be renewable annually. 

(f) Unless the group pohcy from which con- 
version is made replaced previous group cover- 
age, the premium for the converted policy shall 
be calculated on the basis of the insured's age at 
inception of coverage under the group policy 
from which conversion is made. Where the 
group pohcy from which conversion is made re- 
placed previous group coverage, the premium for 
the converted policy shall be calculated on the 
basis of the insured's age at inception of coverage 
under the group pohcy replaced. 

(g) Continuation of coverage or issuance of a 
converted policy is mandatory, except where: 

(1) termination of group coverage resulted 
from an indixidual's failure to make any 
required payment of premium or contrib- 
ution when due; or 

(2) the terminating coverage is replaced, not 
later than 31 days after termination, by 
group coverage that is effective on the day 
foUovving the tennination of coverage, 
that provides benefits identical to, or ben- 
efits determined by the commissioner to 
be substantially equivalent to or in excess 
of, those pro\idcd by the terminating 
coverage, and the premium for which 
group coverage is calculated in a manner 
consistent with the requirements of I'ara- 
graph (f) of this Rule. 

(h) Notwithstanding any other pro\ ision of tliis 
Rule, a con\erted policy that is issued to an in- 
dividual, who at the time of conversion is covered 
by another pohcy that provides benefits on the 
basis of mcurred expenses, may contain a pro- 



5:5 NORTH CAROLINA REGISTER May I, 1990 



266 



PROPOSED RULES 



vision that results in a reduction of benefits pay- 
able if the benefits provided under the other 
policy, together with the full benefits provided 
by the converted policy, would result in payment 
of more than 100 percent of incurred expenses. 
Such provision shall only be included in the 
converted policy if the converted policy also 
provides for a premium decrease or refund that 
reflects the reduction in benefit payable. 

(i) The converted policy may provide that the 
benefits payable under the converted policy, to- 
gether with the benefits payable under the group 
policy from which conversion is made, shall not 
exceed those that would have been payable had 
the individual's coverage under the group policy 
remained in force and effect. 

(j I Notwithstanding any other provision of this 
Rule, any insured individual, whose eligibility for 
group policy coverage is based upon his re- 
lationship to another person, is entitled to con- 
tinuation of coverage under the group policy 
upon termination of the qualifying relationship 
by death or dissolution of marriage. 

(k) As used in this Rule, a "managed care 
plan" is a health care or assisted living arrange- 
ment designed to coordinate patient care or con- 
trol costs through utilization review, case 
management, or use of specillc provider net- 
works. 

Stamorv Authority G.S. 58-2-40(1); 
58-55-30 (a). 

.1006 REQl IRF.D DISCLOSURE PROVISIONS 

(a) Individual policies shall contain a 
renewability provision. Such provision shall be 
appropriately captioned, shall appear on the first 
page of the policy, and shall clearly state the du- 
ration, where limited, of renewability and the 
duration of the term of coverage for which the 
policy is issued and for which it may be renewed. 
This Paragraph does not apply to policies that 
do not contain a renewabihty provision and un- 
der which the right to not renew is reser\'ed solely 
to the policyholder. 

(b) Except for riders or endorsements by which 
the insurer effectuates a request made in writing 
by the insured under an individual policy, all 
riders or endorsements added to an individual 
policy after date of issue or at reinstatement or 
renewal that reduce or eliminate benefits or cov- 
erage in the polic\' shall require signed acceptance 
by the individual insured. /Vfter the date of pol- 
icy issue, any rider or endorsement that increases 
benefits or coverage with a concomitant increase 
in premium during the policy term must be 
agreed to in wnting signed by the insured, unless 
the increased benefit or co\'erage is required by 



law. Where a separate additional premium is 
charged for benefits provided in connection with 
riders or endorsements, such premium charge 
shall be set forth in the policy, rider, or endorse- 
ment. 

(c) A poUcy that provides for the payment of 
benefits based on standards described as "usual 
and customary", "reasonable and customary", 
or words of similar import, shall include a defi- 
nition of such terms and an explanation of such 
terms in its accompanying outline of coverage. 

(d) If a policy contains any permitted limita- 
tions with respect to preexisting conditions, such 
limitations shall appear as a separate paragraph 
of the policy and shall be labeled as "Preexisting 
Condition Limitations". 



Statutory 
58-55-3b(a). 



Authority G.S. 58-2-40(1); 



.1007 PROHIBITION OF POST-CLAIMS 
LNDER\\RITING 

(a) All applications for policies except those 
that are guaranteed issue shall contain clear and 
unambiguous questions designed to ascertain the 
health condition of the applicant. 

(b) If an application for a policy contains a 
questions that asks whether the applicant has had 
medication prescribed by a physician, it must 
also ask the applicant to list the medication that 
has been prescribed. 

(c) If, at the time of the application, the 
medications listed in the application were known 
or should have been known by the insurer or by 
the insurer's agent or representative to be directly 
related to a medical condition for which coverage 
would otherwise be limited or denied, the policy 
shall not be rescinded nor shall coverage be de- 
nied or limited for that condition. 

(d) Except for policies that are guaranteed is- 
sue: 

(1) The following language shall be set out 
conspicuously and in close conjunction 
with the applicant's signature block on an 
application for a policy: 

"Caution: If your answers on 
this application are incorrect or 
untrue, [name of company] has 
the riglit to deny benefits or 
rescind your policy". 

(2) The following language, or language sub- 
stantially similar to the following, shall be 
set out conspicuously on the policy at the 
time of delivery": 

"Caution: The issuance of this 
long-term care insurance 
Ipolicyl |certificate| is based 
upon your responses to the 



267 



5:3 NORTH CAROLINA REGISTER May J, 1990 



PROPOSED RULES 



questions on your application. 
A copy of your [application] 
(enrollrnent form] [is enclosed) 
(was retained by you when you 
appUed]. If your answers are 
incorrect or untrue, [name of 
company] has the right to deny 
benefits or rescind your policy. 
The best time to clear up any 
questions is now, before a 
claim arises. If, for any reason, 
any of your answers are incor- 
rect, contact the company at 
this address: [insert addrcss[" 
(3) Prior to issuance of a poUcy to an appli- 
cant age 80 years or older, the insurer shall 
obtain one of the following: A report of 
a physical examination; an assessment of 
functional capacity; an attending physi- 
cian's statements; or copies of medical re- 
cords. 

(e) A copy of the completed application or 
enrollment form shall be deLi\ered to the insured 
no later than at the time of deliver.' of the policy 
unless it was retained by the applicant at the time 
of application. 

(f) Every insurer selling or issuing policies shall 
maintain a record of all policy rescissions, both 
in North Carolina and countrywide, except those 
that insureds voluntarily effectuated; and shall 
annually furnish this information to the com- 
missioner in the format prescribed by the Na- 
tional Association of Insurance Commissioners. 



Statutory 
5S-55-30(a). 



Authority G.S. 58-2-40(1); 



.1008 MINIMUM ST.\ND ARDS FOR HOME 
HEALTH CARE BENEFITS 

(a) A policy providing benefits for home health 
care sers'ices may not limit or exclude benefits by: 

(1) requiring that the insured or claimant 
would need skilled care in a skilled nursing 
facility if home health care services were 
not provided; 

(2) requiring that the insured or claimant first 
or simultaneously receive nursing or 
therapeutic ser\'ices in a home or com- 
mumty setting before home health care 
services are covered; 

(3) limiting eligible services to services pro- 
vided by registered nurses or licensed 
practical nurses; 

(4) requiring that a nurse or therapist provide 
services covered by the policy that can be 
provided by a home health aide or by an- 
other licensed or certified home care 



worker acting within the scope of his or 
her licensure or certification. 

(5) requiring that the insured or clairiiant have 
an acute condition before home health 
care services are covered; 

(6) limiting benefits to services provided by 
Medicare-certified agencies or providers. 

(b) Home health care coverage may be applied 
to the non-home health care benefits provided in 
the pohcy when determing maximum coverage 
under the terms of the policy. 



Statutory A uthority 
58-55-30 (a). 



G.S. 58-2-40(1); 



.1009 REQUIREMENT TO OFFER INFLATION 
PROTECTION 

(a) No insurer may offer a policy unless the 
insurer also offers to the applicant the option to 
purchase a policy that provides for benefit levels 
to increase with benefit maximums or reasonable 
durations that are meaningful to account for rea- 
sonably anticipated increases in the costs of 
long-term care services covered by the policy. 
Insurers must offer to each applicant, at the time 
of purchase, the option to purchase a policy with 
an inflation protection feature no less favorable 
than one of the following: 

(1) Increases benefit levels annually, [in a 
manner so that the increases are com- 
pounded annuallyl; 

(2) Guarantees the insured individual the right 
to periodically increase benefit le\els 
without providing evidence of insurabihty 
or health status as long as the option for 
the previous period has not been declined; 
or 

(3) Covers a specified percentage of actual or 
reasonable charges. 

(b) Where the policy is issued to a group, the 
required offer in Paragraph (a) of this Rule shall 
be made to the group policyholder; except, if the 
policy is issued to a group defined in G.S. 
58-55-20(3) other than to a continuing care fa- 
cility, the offering shall be made to each proposed 
certificate holder. 

(c) The offer in Paragraph (a) of this Rule is 
not required of 

(1) fife insurance policies or riders containing 
accelerated long-term care benefits, nor 

(2) expense incurred long-term care insurance 
policies. 

(d) Insurers shall include the following infor- 
mation in or with the outline of coverage: 

(1) a graphic comparison of the benefit levels 
of a policy that increases benefits over the 
policy period with a policy that docs not 
increase benefits. Ihe grapliic compar- 



5:i NORTH CAROLINA REGISTER May L 1990 



268 



PROPOSED RULES 



ison shall show benefit levels over at least 
a 20-year period. 
(2) any expected premium increases or addi- 
tional premiums to pay for automatic or 
optional benefit increases. If premium 
increases or additional premium will be 
based on the attained age of the applicant 
at the time of the increase, the insurer 
shall also disclose the magnitude of the 
potential premiums the apphcant would 
need to pay at ages 75 and 85 for benefit 
increases. /Vn insurer may use a reason- 
able hypothetical or a graphic demon- 
stration for the purposes of this disclosure. 



Statutory 
58-55-30 (a). 



Authoritv G.S. 



58-2-40(1); 



.1010 KEQl IREMENTS FOR REPL.ACEMENT 

(a) Individual and direct response solicited 
long-term care insurance application forms shall 
include a question designed to elicit information 
as to whether the proposed policy is intended to 
replace any other accident and health or long- 
term care insurance policy presently in force. A 
supplementary' applicant or other form to be 
signed by the applicant containing such a ques- 
tion may be used. 

(b) Upon determining that a sale wiU involve 
replacement, an insurer, other than an insurer 
using direct response solicitation methods, or its 
agent, shall furnish the applicant, prior to issu- 
ance or delivery of the individual policy, a notice 
regarding replacement of accident and health or 
long-term care coverage. One copy of such no- 
tice shall be retained by the applicant and an ad- 
ditional copy signed by the applicant shall be 
retained by the insurer. The required notice shall 
be proN'ided in the following manner: 

"NOTICE TO APPLICANT REG.\RDING 
REPL.A.CEMENT OF INDIVIDUAL 

ACCIDENT AND HEAEIH OR 
I ONG-TFRM CARF IN.SLR.ANCE 



and seriously consider certain factors 
that may affect the insurance pro- 
tection available to you under the 
new policy. 
Health conditions that you may 
presently have (preexisting condi- 
tions), may not be immediately or 
fully covered under the new policy. 
This could result in denial or delay 
in payment of benefits under the 
new policy, whereas a similar claim 
might have been payable under your 
present pohcy. 

You may wish to secure the advice 
of your present insurer or its agent 
regarding the proposed replacement 
of your present pohcy. This is not 
only your right, but it is also in your 
best interest to make sure you un- 
derstand all the relevant factors in- 
\olved in replacing your present 
coverage. 

If after due consideration, you still 
wish to terminate your present pol- 
icy and replace it with new coverage, 
be certain to truthfully and com- 
pletely answer all questions on the 
application concerning your medical 
health history. Failure to include 
all material medical information on 
an application may provide a basis 
for the company to deny any future 
claims and to refund your premium 
as though your pohcy had never 
been in force. After the apphcation 
has been completed and before you 
sign it, reread it carefully to be cer- 
tain that all information has been 
properly recorded. 

The above Notice to Apphcant was 
delivered to me on: 



According to [your apphcation] 
[information you have furnished], 
\"ou intend to lapse or otherwise ter- 
minate existing accident and health 
or long-term care insurance and re- 
place it with an individual long-term 
care insurance policy to be issued by 
[company name). Your new poUcy 
pro\'ides thirty (30) days within 
which you may decide, without cost, 
whether you desire to keep the pol- 
icy. For your own information and 
protection, you should be aware of 



(Date) 



(Apphcant's Signature)" 

(c) Insurers using direct response solicitation 
methods shall deliver a notice regarding replace- 
ment of accident and health or long-term care 
coverage to the applicant upon issuance of the 
pohcy. The required notice shall be provided in 
the follouins manner: 



269 



5:3 NORTH CAROLL\A REGISTER Mav 1,1990 



PROPOSED RULES 



"NOTICE TO APPLICANT REGARDING 

REPLACEMENT OF ACCIDENT AND 

HEALTH OR LONG TERM CARE 

INSURANCE 



medical history has been left out of 
the application. 



According to [your application] 
linformation you have furnished], 
you intend to lapse or otherwise ter- 
minate existing accident and health 
or long-term care insurance and re- 
place it with the long-term care in- 
surance policy delivered with this 
notice and issued by [company 
name]. Your new policy provides 
thirty (30) days within which you 
may decide, without cost, whether 
you desire to keep the policy. For 
your own Information and pro- 
tection, you should be aware of and 
seriously consider certain factors that 
may affect the insurance protection 
available to you under the new pol- 
icy. 

1. Health conditions that you may 
presently have (preexisting condi- 
tions), may not be immediately or 
fully covered under the new policy. 
This could result in denial or delay 
in payment of benefits under the 
new policy, whereas a similar claim 
might have been payable under your 
present poUcy. 

2. You may wish to secure the advice 

of your present insurer or its agent 
regarding the proposed replacement 
of your present policy, lliis is not 
only your right, but it is also in your 
best interest to make sure you un- 
derstand all the relevant factors in- 
volved in replacing your present 
coverage. 

3. [To be included only if the applica- 
tion is attached to the policy.] If, 
after due consideration, you still 
wish to terminate your present pol- 
icy and replace it with new coverage, 
read the copy of the application at- 
tached to your new policy and be 
sure that all questions are answered 
fully and correctly. Omissions or 
misstatements in the application 
could cause an otherwise valid claim 
to be denied. Carefully check the 
application and write to [company 
name and address| within thirty (30) 
days if any information is not cor- 
rect and complete, or if any past 



Statutory 
58-55-3b(a). 



(Company Name)" 
Authority G.S. 58-2-40(1); 



.101 1 DISCRETIONARY POWERS OF 
COMMISSIONER 

The Commissioner may, upon written request 
and after an administrative hearing, issue an order 
to modify or suspend a specific provision or 
provisions of this Section with respect to a spe- 
cific policy upon a written finding that; 

(1) the modification or suspension would be in 
the best interest of the insureds; and 

(2) the purposes to be achieved could not be 
effectively or efficiently achieved without the 
modification or suspension; and 

(3) the modification or suspension is necessary 
to the development of an innovative and 
reasonable approach for insuring long-tenn 
care; or 

(4) the poUcy is to be issued to residents of a 
continuing care facility or some other resi- 
dential community for the elderly and the 
modification or suspension is reasonably re- 
lated to the special needs or nature of such 
a community; or 

(5) the modification or suspension is necessary 
to permit long-term care insurance to be 
sold as part of, or in conjunction with, an- 
other insurance product. 



Stalutoty Authoritv 
5S-55-30(a). 



G.S. 



58-2-40(1); 



.1012 RESERVE STANDARDS 

(a) When long-term care benefits are provided 
through the acceleration of benefits under group 
or individual Ufe insurance policies or riders to 
such policies, policy reser\'es for such benefits 
shall be detennined in accordance with G.S. 
58-58-50. Claim rcsen.'es must also be estab- 
lished in the case when such policy or rider is in 
claim status. 

(b) Reserves for policies and riders subject to 
this Rule should be based on the multiple decre- 
ment model utilizing all relevant decrements ex- 
cept for voluntary' tennination rates. Single 
decrement approximations are acceptable if the 
calculation produces essentially similar reser\'es, 
if the reserve is clearly more conservative, or if 
the reserve is immaterial. The calcvilations may 
take into account the reduction in life insurance 



5:3 NORTH CAROLINA REGISTER May 1,1990 



270 



PROPOSED RULES 



benefits due to the payment of long-term care 
benefits. However, in no event shall the reserves 
for the long-term care benefit and the Life insur- 
ance benefit be less than the reserves for the life 
insurance benefit assuming no long-term care 
benefit. 

(c) In the development and calculation of re- 
serves for policies and riders subject to this Rule, 
due regard shall be given to the applicable policy 
provisions, marketing methods, administrative 
procedures, and all other considerations that have 
an effect on projected claim costs, including the 
following; definition of insured events; covered 
long-term care facilities; existence of home 
convalescence care co\erage; definition of facili- 
ties; existence or absence of barriers to eligibility; 
premium waiver provision; renewability; ability 
to raise premiums; marketing method; under- 
writing procedures; claims adjustment proce- 
dures; waiting period; maximum benefit; 
availability of eligible facilities; margins in claim 
costs; optional nature of benefit; delay in eligi- 
bility for benefit; inflation protection pro\isions; 
and guaranteed insurability option. 

(d) Any applicable \aluation morbidity table 
shall be certified as appropriate as a statutop." 
valuation table by a member of the .Vmerican 
Academy of Actuaries. 

(e) WTien long-term care benefits are provided 
other than as in Paragraphs (a) through (d) of 
this Rule, reserves shall be determined Ln ac- 
cordance with 11 NCAC IIG .0006. 



Statutory 
5S-55-3b(a). 



\ uthoritv 



G.S. 



58-2-40(1); 



.1013 LOSS R.VTIO 

Benefits under indnidual policies shall be 
deemed to be reasonable in relation to premiums, 
provided that the expected loss ratio is at least 
60 percent and is calculated in a manner that 
provides tor adequate reserving of the long-term 
care insurance risk. In evaluating the expected 
loss ratio, due consideration shall be gi\en to all 
rele\ant factors, including; 

( 1 ) statistical credibilitv' of incurred claims ex- 
perience and earned premiums; 

(2) the period for which rates are computed to 
provide coverage; 

(3) experienced and projected trends; 

(4) concentration of expencncc within early 
policy duration; 

(5) expected claim tluctuation; 

(6) experience retunds, adjustments, or divi- 
dends; 

C') renewabilitv features; 

(S) all appropnate expense fictors; 

(9) interest; 



(10) experimental nature of the coverage; 

(11) pohcy reserves; 

(12) mix of business by risk classification; and 

(13) product features such as long elimination 
periods, high deductibles, and high maxi- 
mum limits. 



Statutory Authority 
58-55-30 (a). 



G.S. 58-2-40(1); 



.1014 FILING REQUIREMENT 

Before an insurer offers a group pohcy to a res- 
ident of North Carolina pursuant to G.S. 
58-55-25, it shall file with the Commissioner evi- 
dence that the group policy has been approved 
by a state having statutory^ or regulator,' long- 
term care insurance requirements substantially 
similar to those of North Carolina. 



Statutory 
58-5 5-30 (a). 



Authority G.S. 



58-2-40(1): 



.1015 Sr.\NI).\RD 1 ORMAT OUTLINE OF 
COVER.\GE 

(a) The outUne of co\erage shall be a free- 
standing document, using no smaller than ten 
point type; and shall contain no material of an 
ad\ertising nature. 

(b) Text that is capitalized or underscored in 
the standard format outline of coverage may be 
emphasized by other means that pro\ide promi- 
nence equi\alent to such capitalization or under- 
scoring. 

(c) Use of the text and sccjuence of te.xt of the 
standard format outline of co\erage is manda- 
tory, unless otherwise specifically indicated. 

(d) l^onnat for outline of coserage; 

"ICOMI'AN^ N \\H I 
[.XDDRLSS - CIT^ WD SUV FT] 

[TELKPHGNL \L\IBI R| 

LONG-riRM C\RL 1\SL RANGE 

OL 11 IM Ol CO\l RAG1-; 

I Policy Number or (jroup Master 
PolicN' and Certificate Number| 

|I'.xcept for policies or certificates that 
are guaranteed issue, the following 
caution statement, or language sub- 
stantially similar, must appear as fol- 
lows in the outline of co\er;ige.| 

Caution; 1 he issuance of this long- 
term care insurance |pohcy| 



271 



5.-.? l\ORTH C.4ROLL\ A REGISTER May 1,1990 



PROPOSED RULES 



(certificate] is based upon your re- 
sponses to the questions on your ap- 
plication. A copy of your 
[application] [enrollment, form] [is 
enclosed] [was retained by you when 
you applied[. If your answers are in- 
correct or untrue, the company has 
the right to deny benefits or rescind 
your policy. The best time to clear 
up any questions is now, before a 
claim arises. If, for any reason, any 
of your answers are incorrect, contact 
the company at this address; 

[insert address| 

1. This policy is [an individual policy 
of insurance] ((a group policy] that 
was issued in [indicate jurisdiction 
in which group policy was issued]). 

2. PURPOSE OF OUTLINE OF COV- 
ERAGE. This outline of coverage 
provides a very brief description of 
the important features of the pohcy. 
You should compare this outline of 
coverage to outlines of coverages for 
other policies available to you. This 
is not an insurance contract, but 
only a summary of coverage. Only 
the individual or group policy con- 
tains governing contractual pro- 
visions. This means that the pohcy 
or group policy sets forth in detail 
the nghts and obligations of both 
you and the insurance company. 
Therefore, if you purchase this cov- 
erage, or any other co\erage, it is 
important that you READ YOUR 
POLICN (OR CERTIFICATE) 
CAREFULLY! 

3. TERMS UNDER WHICH THE POL- 

ICY OR CERTIFICATE MAY BE 
RETURNED AND PREMIUM RE- 
FUNDED. 

(a) [Provide a brief description of the 
right to return -- 'free look' pro- 
vision of the policy.] 

(b) [Include a statement that the pol- 
icy either does or does not contain 
provisions providing for a refund or 
partial refund of premium upon the 
death of an insured or surrender of 
the policy or certificate. If the pol- 
icy contains such provisions, include 
a description of them.] 



4. THIS IS NOT MEDICARE SUPPLE- 

MENT COVERAGE. If you are eli- 
gible for Medicare, review the 
Medicare Supplement Buyer's 
Guide available from the insurance 
company. 

(a) ]l''or agents] Neither jcompany 
name] nor its agents represent Med- 
icare, the federal government, or any 
state government. 

(b) [For direct response[ [company 
name[ is not representing Medicare, 
the federal government, or any state 
government. 

5. LONG-TERM CARE COVER/\GE. 
PoUcies of this categorv' are designed 
to provide coverage for one or more 
necessary or medically necessary di- 
agnostic, preventive, therapeutic, 
rehabilitative, maintenance, or per- 
sonal care services, provided in a 
setting other than an acute care unit 
of a hospital, such as in a nursing 
home, in the community, or in the 
home. 

This pohcy provides coverage in the 
form of a fixed dollar indemnity 
benefit for covered long-term care 
expenses, subject to policy 
[limitations] [waiting periods[ and 
[coinsurance] requirements. 

(Modify this paragraph if the policy 
is not an indemnity poUcy.] 

6. BENEFITS PROVIDED BY THIS 
POLICY. 

(a) JCovered services, related deduct- 
ible (s), waiting periods, elimination 
periods and benefit maximums] 

(b) ] Institutional benefits, by skill 
level] 

(c) ]Non-Lnstitutional benefits, h\ skill 
level] 

]/Vny benefit screens must be ex- 
plained in this Section. If these 
screens differ for different benefits, 
explanation of the screen should 
accompany each benefit de- 
scription. If an attending physi- 
cian or other specified person 
must certify a certain level of 
functional dependency in order to 
be eligible for benefits, this too 
must be specified. If activities of 
daily living (ADLs) arc used to 
measure an insured's need for 



5:3 NORTH CAROLINA REGISTER May 1,1990 



272 



PROPOSED RULES 



long-term care, then these quali- 
fying criteria or screens must be 
explained.] 

7. 1 IMITATIONS AND EXCLUSIONS. 
[Descnbe; 

(a) Preexisting conditions: 

(b) Non-eligible facilities or providers; 

(c) Non-ehgible levels of care (e.g., 
unlicensed pro\iders, care or treat- 
ment provided by a family member, 
etc.); 

(d) Exclusions or exceptions: 

(e) Limitations.] 

[This Section should provide a 
brief specific description of any 
pohcy provisions that limit, ex- 
clude, restrict, reduce, delay, or in 
any other manner operate to 
qualify payment of the benefits 
described in (6) above.) 

THIS POLICY MAY NOT COVER 
.ALL THE EXPENSES .ASSOCI- 
ATED WITH ^OLR LONG - 
TERM CARE NEEDS. 

8. REL.VTIONSHIP OE COST OF 
CARE AND BENEFITS. Because 
the costs of long-term care ser.'ices 
will likely increase over time, you 
should consider whether and how 
the benefits of this plan may be ad- 
justed. [.\s applicable, indicate the 
following: 

(aj That the benefit level uill not in- 
crease over time: 

(b) Any automatic benefit adjustment 
provisions: 

(c) \\'hether the insured will be guar- 
anteed the option to buy additional 
benefits and the basis upon which 
benefits wiU be increased over time 
if not by a specified amount or per- 
centage; 

(d) If there is such a guarantee, in- 
clude whether additional underAvrit- 
ing or health screening will be 
required, the frequency and 
amounts of the upgrade options, 
and any significant restrictions or 
limitations: 

(e) And finally, descnbe whether there 
win be any additional premium 
charge imposed, and how that is to 
be calculated.) 



9. TERMS UNDER WHICH THE POL- 

ICY (OR CERTIFICATE) MAY BE 
CONTINUED IN I ORCE OR DIS- 
CONTINUED. 

[(a) Described the policy renewability 
provisions; 

(b) For group coverage, specifically 
describe continuation and conver- 
sion provisions applicable to the 
certificate and group policy; 

(c) Describe waiver of premium pro- 
visions or state that there are not 
such provisions: 

(d) State whether or not the company 
has a right to change premium, and 
if such a right exists, describe clearly 
and conciseh' each circumstance 
under which premium may change.) 

10. ALZHEIMFRS DISEASE AND 
OTHER ORGANIC BRMN DISOR- 
DERS. 

[State that the policy provides cov- 
erage for insureds clinically diag- 
nosed as having Alzheimer's disease 
or related degenerative and 
dementing illnesses. Specifically 
describe each benefit screen or other 
pohcy pro\ision that provides prec- 
onditions to the a\anability of pol- 
icy benefits for such an insured.) 

11. PREMIUM. 

](a) State the total annual premium 
for the policy: 

(b) If the premium varies with an 
applicant's choice among benefit 
options, indicate the portion of an- 
nual premium that corresponds to 
each benefit option.) 

12. ADDiriONAL I F.-VTURES. 

)(a) Indicate if medical underwriting 
is used; 

(b) Descnbe other important fea- 
tures.)" 

Statutory Authority G.S. 5S-2-40(I): 
58-55-30 (a). 

WILY. 12 - DEPARTMINT OF .JIS TICE 



otice is hereby 2ivcn in accordance with G.S. 



N, 

150B-I2 that the Department of Justice - Office 
of the Attorney General intends to amend nde(s) 
cited as 12 SC.AC 21 .0202. .0203: .030/: repeal 
rule(s) cited as 12 SCAC 21 .0401. 



2~3 



5:3 yORTH C.4ROLL\.4 REGISTER May 1,1990 



PROPOSED RULES 



1 he proposed effective date of this action is 
September I, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on June 14, 1990 at .Alcoholic Beverage 
Control Commission Hearing Room, 3322 Old 
Garner Road, Raleigh, North Carolina 
27610-5631. 

{^■omment Procedures: Any interested person 
may present written comments for consideration 
by the A ttorney General. The hearing record will 
remain open for receipt of comments from May 
14. 1990 through June 13, 1990. Written com- 
ments should be received by the Company Police 
Administrator by midnight on June 13, 1990. to 
be considered as part of the hearing. Comments 
should be addressed to: 

Mr. Wayne Coates 
Company Police Administrator 

Post Office Drawer 149 
Raleigh, Sorth Carolina 27602 

Any person may present oral comments at the 
hearings. Requests to speak should be presented 
to Mr. Wayne Coates at the above address no 
later than five (5) days before the date of the 
hearing. Additional comments may be allowed 
by the Attorney General by signup at the public 
hearing as time allows. A II presentations will be 
limited to five (5) minutes. 

CIIAPTKR 2 - OKFICK OK IIIK All OKNKY 
CKNKKAL 



SLBCIIAPTER2I 



COMPANY AM) RAILROAD 
POLICE 



SFXTION .0200 - COMMISSIOMX; 

.0202 MIMMLM STANDARDS FOR 
COMMISSIONING 

Persons eligible for commission on the basis of 
their employment as prescribed in G.S. 74A-1, 
must meet the following requirements before a 
Commission will be granted: 
(3) have oatir . factorily oumplotod attained a 
score of not less than SO percent on a wntten 
examination of basic knowledge of laws of 
arrest, search, and investigation, and of these 
Rules to be administered by a representative 
of the North Carolma Department of Jus- 
tice; 

Note: .-Ml examination cjuestions will be 
based on the pamphlc't 'I asi i i . ef j\rr e r . t, 
Search, a«4 hn e- jtigution" bocik Arrest . 
Search, and In\esti2ation which is available 



from the Institute of Government, the Uni- 
versity of North Carolina at Chape! Hill, 
Chapel Hill, North Carolina 27514, and 
these Rules. 

Applicants will be advised in writing of test 
dates and sites at least five days prior to the 
examination; 
(5) applicants who do not hold General Cer- 
tification as a law enforcement oiTicer issued 
by the Criminal Justice Standards Division, 
must submit to and successfully complete a 
polygraph examination administered by the 
State Bureau of Investigation. 

Statutory Authority G.S. 74 A- 1; 143A-54. 

.0203 APPLICAIION 

(2) if the applicant holds CJeneral Certification 
issued by the North Carolina Criminal 
Justice I ducation and Training Standards 
Commission, the application must con- 
tain the following: 

(D) OfH* Two recent V_ x 1- 1 '4" (non- 
p(>laroid) close-up color photdgniph pho- 
toiiraphs: »f 

(!•') Satisfactor\- proof of a negative drug 
screen; 



(F) Satisfactory' proc^f of successful com- 



pletion of annual in-sen. ice firearms re- 

qualilication training; 
(Ci) Autiion/aticm tor release of records 

(Cl'-i); 
(I!) Drug Screen Consent Form (C'P-2): or 
(3) if the applicant does not hold (ieneral 

Certification, the application must contain 

the following: 
(G) (-kw \\\o recent _F x I- 1-4" (non- 

polaroid) close-up color pliologrii|-ih; 

photographs: rt«4 
fH^ I ' lL ' i . ulti i »f tl+t* I'mploymi ' nt S e cunty 

Commi 'i'. ion Tor . t (236NC). 
(H) Prot^f of satisfactor\' completion of a 

Criminal Justice J- ducation and I raining 

Standards Commission .accredited basic 

law enforcement training C(Hirse: 
(I) Satisfactor\ proof of a negati\e drug 

screen: 
(J) Authorization for Release of Records 



(CP-I): 
(K) Dni'-! Screen Consent Form (CP-2) 



Statutory Authority G.S. 74A-1 : 143A-54. 

SKCnON .O.M)0 - CONDI CI OK 
COMMISSIONKD POI ICKMKN 

.0.^01 TKNLRK 

A commission shall remain in eftect until: 



5:i NORTH CAROLINA REGISTER May I, 1990 



274 



PROPOSED RULES 



(2) I he employee ceases to be employed as a 
police m*» titficer by a company or institu- 
tion which can employ company or railroad 
police; 

(5) Evidence is presented that the person has 
committed an act which would have ori- 
ginally caused denial of the application or 
an act prohibited by Rule .0304 of this Sec- 
tion; or 

(-6) 4-ht» olTiCLT fo4^ to compk'to » Criminnl 
Ju 'i tu e I ' duootion wni I raining Slandardi i 
Coinmi i.-. ion accredit e d kwr enforcement 
hn ' AC tRuninu cour! i e ' ■ Mlhin 44 month 'i trf 
hkt t' . wearing; ef 

f^ (6) The Criminal Justice l-'ducation and 
i'raining Standards Commission suspends 
or revokes an otTicer's certification for cause. 

Statutory Authority G.S. ^4A-I: ^4A-2(d); 
74 A -5; 1 43 A- 54. 

SKC HON .0400 - PRdCKIK RAI. Kl LKS 

.0401 admimsikatim: hkaring 

PROCtDl RtS (RKI'tALFD) 

Statutory Authority G.S. 1 50B- I4i a}(4): 
l50D-3S{hl. 

THLE 16 DIPARIMKM OF PLBIJC 
KDICAIION 

1\ Dticc is hereby gi\rn in accordartce with G.S. 
I50B-I2 that the State Board of Education in- 
tends to amend nileisl cited as 16 SCAC 6G 
.0202. 

1 he proposed effccti\-e date of this action is 
September I, 1990. 

1 he public /tearing will be conducted at 2:00 
p.m. on May 31. 1990 at Third Floor Board 
Room, Education Building. 116 \V. Edenton 
Street, Raleigh. .\C 27603-)" 12. 

(^ omment Procedures: .Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CIIAI'IKK 6 - Kl KMFNTAR^ AND 
SK( ()M)ARN KDl CAIION 

SI I5C1IAPTKR 6G - KDL C.\TIO\ .VGKNC^ 
RELATIONS 

SF.niON .0200 - A( CRKDIIMION 

.0202 .\CCREDn.\TION I'KOCEDLRES 



fa^ 44*t> department ai i vardo accreditation t» 
1 JiiXf i tm t4w bai i i ii t4 a I I 'As e ffortii te prosido 
quality im4 equity ef educational opportunity te 
CHich ritudent m it* jurir . diction. 

(fe> I'ntil A*» SiJl' adopt ', a Hew accreditation 
plan pur ^i uant to C».S. 1 1 5C X 1 , IjliAd r e c e is e 
accreditation c» follow! . ; 

(44 44^ ^aipenntendont notifies t4+e> depart 
ment m writing b( A<* L i'lAs intention te 
i . eek accreditation. 
fJ) 44h» department a '. r . iun ' i >+aff to work with 
t+H* II ' A ** ft- plans it* compreheu 'i i' i 'e 
educational plan. 44+e pkm e xamines . etH^ 
fH*t+4- operations ctft4 identilie ' , . int e nded 
impros e m e nt '. . 
f44 44»e comprehensive e ducational plan must 
include: 
fA-^ infonniition about (4+» 1 V,\ iiftd the 

community; 
fB-^ t4H» result '. t4te I \\.\ seeks to achieve tof 



rtH student ^' rtft4 t4+e principal areas t4' 

dent learning being pur -. u e d; 
fP) specific learning results students cHH* 

e?.pected to cichi e ' .e rm4 methods by 

' . s hich pupil progiess fy detennined; 
ft^ ba .. ic impro' i einent plans fof iii 'i tiiic 

tional programs, iii 'i lructional s . upport cw+d 

auxillar . ' sen ices: ft«4 
ffc4 t4+e I l'i\ s pnorities rt«4 completion 

diite .. . 
f4+ 4-+h* depailment w+tt re' . ie' . v t+>t» com pr e 

h e nsise e duciitional plan, conduct a«- o«- 

si+e rev iew of tW plan r+«4 make 

sugge '. tions to tf+e 1 f i\ 
f^ 4-l+e 1 I j\ adopts t+H* comprehensi' i e edu 

cational plan. 
f^ 4-bt' '. lat e accreditation committee makes 

rocommendiitions to tbe Supenntendent 

ot Public Invtruclion, ' . s ho pie .. enl '. t4+e 

I'tlan to tbt* Siib toF Lipprosal- 



f^ 



depailment Vrtlf assist t4+e I l ' i\ 



nece ..'. ar> dunng tht^ implementation of 
t++f plan. 

fo)- 44te depailment accietlit '. I I ' .\ .. fof a penod 
of ^riJt vears. 1 lA nui> '. eek i e acci e i.hl.ilum oh 
t+h* basis of p«-4 perfonnaiice i+«4 tf+t* quality of 
tfw fH»w compreheiT . i' i e educational pkin 

fd4 Non public '. cliool ' . . m.iy se e k '. tale accr e d 
ilalion oo (4+e ■■ time ba ' . . i ' _ . t+od to tf+e sam e Vrrty 
cf>T public .i chools. 

(a) lor the piirpo'^es of this Rule, the :iccrcdi- 
tation \ car hcg^1^ \\ ilh the iiiiti.il i.l:i\ cM stall 
orientation for a particular academic \ear and 
ends \Mtli the da\ before orientation tor the tol- 
louint; academic Near. 



(b) 1 he Supenntendent ot^ Public Inslniction 
appoints a state accreditation committee, w Inch 



275 



5;.? ,\ORTH CAROLL\A REGISTER May 1,1990 



PROPOSED RULES 



makes recommendations to the SBE concerning 
accreditation of M-^As. 

(c) [^HAs that are currently accredited will re- 
tain that status as follows: 

( 1 ) I.t^As not participating in the 
perl'onnance-based accountability pro- 
gram will retain accredited status until the 
SBF takes formal action following the first 
five-year review as described in Paragraph 
(f) of this Rule. Accreditation under this 
Rule is awarded on the basis of the I CA's 
successful completion of a five-vear re- 
view. 

(2) I EAs participating in the performance- 
based accountability program will retain 
accredited status until the SBE takes 
formal action on an annual report on the 
peribrmance-based accountability pro- 
gram submitted by the 1 EA. 

(d) During each accreditation year, the lE.A 
must evaluate its compliance with each state ac- 
creditation standard, as those standards are 
adopted and amended from time to time bv the 
SBE. 

( 1) LEAs not participatmg in the 
performance-based accountability pro- 
gram must evaluate compliance with each 
pcrtbrmance standard and with each op- 
portunity standard. 

(2) Et- As participating m the peribrmance- 
based accountability program must e\alu- 
ate compliance with each state 
peribrmance standard. 

(e) Each It: A must report its compliance de- 
cisions through the annual reporting procedure, 
using forms supplied bv the Department. The 
Department wiU review the annual report and 
may issue a challenge based on erroneous or 
misleading information. In the absence of a 
challenge, the Department will prepare a sum- 
mary report that indicates the I EAs overall 
compliance with state accreditation standards. 
After the annual reporting and re\iew has been 
completed, the SBE may: 

( 1) continue accredited status, if the I.EA held 
accredited status and continues to meet 
accreditation requirements: 

(2) designate the L EA accredited with 
probationary' \\;iming. if the 1 I'.\ was ac- 
credited before the annual report and the 
current annual report indicates failure to 
meet accreditation requirements: 

(3) withdraw accredited status if the EI A held 
accredited v\ith probationary' warning sta- 
tus as a result of the pre\ious annual re- 
port and the EEA continues to taH to 
meet accreditation requirements: or 



(4) reinstate accredited status if the LEA was 
either under probationary warning or not 
accredited on the basis of the previous 
annual report, and the EEA's current an- 
nual report establishes that it meets ac- 
creditation requirements. 

(f) Every five years each EEA not pariicipating 
in the performance-based accountability program 
must undertake an in-depth re\'iew in cooper- 
ation with Department staff in order to evaluate 
the EEA's programs and operations according to 
SBE standards. 

( 1) Department and EEA personnel jointly 
conduct in-depth assessments of each 
program and operational area, analyzing 
compliance with SBE standards based on 
all available information. 

(2) A staff member from each Department 
division or section that participates in a 
[oint assessment must prepare a summary 
report that gives an oven.iew of the pro- 
gram or operation under re\'iew: 

(A) a list of the program's strengths and 
exemplar\' features: 

(B) a list of unmet standards and a justi- 
fication for the compliance decision for 
each. The EI.\ mav respond to compli- 
ance decisions with which the EEA does 
not concur. 

(3) .loint assessment visits are made prior to 
December 31 of the accreditation year. 

(4) The Department reviews joint assessment 
reports and prepares a summary anah sis 
of each I I- A that indicates o\erall com- 
pliance with SBI: standards. 

(A) If summary data show that the I EA 
meets state accreditation requirements, the 
Department sends the summan' report 
and all joint assessment reports to the 
state accreditation committee for review. 

(B) If summar\' data show that the I I- A 
will not meet state accreditation require- 
ments, the Department will schedule a 
lonnal on-site \isit. Ihe purposes of this 
visit arc to discuss and \ent\' joint assess- 
ment reports and to begin Department 
assistance for areas of non-compliance bv 
the I. [-A. After the \'isit is completed, the 
Department prepares a summan' report 
to tjic state accreditation committee about 
accreditation status. 

(g) Based on recommendations from the state 
accreditation committee, the S B E awards ac- 
credited status to I E,\s that: 

( 1 ) are in compliance with 75 percent of the 
peribrmance standards and. \{_ the I I. A is 
not participating m the perfonnance- 



5:3 NORTH CAROLINA REGISTER May 1,1990 



276 



PROPOSED RULES 



based accountability pro-am, 75 percent 
of the opportunity standards; 

(2) are in compliance with all state statutes; 

(3) are comphint-' with the intent of tine basic 
education proCTam; 

(4) show balanced compliance among the se- 
\eral areas of instruction and operation; 

have no senous conditions related to 



ih 
{^ 



safety, sanitation or secunty; and 
ha\e no senous improprieties m financial 
manat'ement or record-keepint;. 
(h) It a 1 l.\ disaerees with the Si?i''s accredi- 
tation decision, the chairperscm of the local board 
ot^ educatitm ma\ submit a letter of appeal to the 
S B b . Based on additional information, the state 
accreditation ciimmittee may make a revised re- 



jndation to the SBl'. 



accreditation decision. 



The Sj5F makes the 
ihe 



I F.\ 



DI 



accredilaticin status remains m etfect uiilil the 
SBb completes the appeal process. 

Authority G. S. II5C-I2{9)C.; II5C-8I; \.C. 
Constitution. Article IX, Sec. 3. 



TITLE 25 - OFFICK OF SF.AIE 
FFRSONNEL 



No 



oticc is hereby given in accordance with G.S. 
1 508- 1 2 that the Office of State Personnel Slate 
Personnel Commission intends to amend rule(s) 
cited as 25 NCAC IC .02/5; ID .0504, .0509. 
.0517, .0610, .0701, .0706: IK .0502; and adopt 
rule(s) cited as 25 .\CAC IB .0107 - .0/20; ID 
.0711 - .0712: IL .0201 - .0209. 

I he proposed effecth-e date of this action is 
September I, 1990. 

1 he public hearing will be conducted at 9:00 
a.m. on June 5. 1990 at Personnel Development 
Center, 101 W. Peace Street. Raleigh, ,\orth 
Carolina 2761 1 . 



Co 



omment Procedures: Interested persons mav 
present statements orally or in writing at the 
hearing or in writing prior to the hearing by mail 
addressed to: Drake Maynard, Office of State 
Personnel. 1 16 W. Jones Street. Raleigh, \orth 
Carolina 2^603. 

( HAITI R I - Ol I ICF. Ol' STAIK I'KRSONM I. 

SI BCIIAI'IKK IB -SIATF PKKSONNKL 
COMMISSION 

SKCriON .0100 - CKNKRAI. I'K()\ ISIONS 



.0107 PERSONNEL COMMISSION MEETINGS 

(a) The North Carolina State Personnel Com- 
mission (Commission) meets at least once each 
quarter of the calendar year. The dates are set in 
advance of the coming calendar year. A copy of 
the Commission's scheduled meetings may be 
obtained by contacting the Director, Employee 
Services Di\ision, Office of State Personnel 
(OSP), 116 West Jones Street, Raleigh, N.C. 
27611. 

(b) Any person or organization wishing to be 
given advance notice of any Commission meeting 
may request such notification by writing to: Di- 
rector, Employee Services Division, OSP, 116 
\V. Jones Street, Raleigh, N.C. 27611. The re- 
quest must include the name, address and tele- 
phone number of a contact person. 

(c) .Meetings of the Commission are held at the 
OSP Employee and Management Development 
Center, 101 West Peace St., Raleigh, N.C. unless 
specified otherwise. 

(d) E'nless specified otherwise, a meeting of the 
Commission consists of pubhc hearing, reading 
of minutes, business session, oral presentations 
by contested case parties and an executi\e ses- 
sion. 

(e) .Meetings begin at 9:00 a.m. unless other- 
wise indicated. 

(f) Persons wishing to speak at the public 
hearing portion of the Commission meeting 
should sign up in advance by notifying the Em- 
ployee Services Division, OSF', cither in writing 
or by telephone (919) 733-7112. Persons may 
also sign up on the day of the meeting. Presen- 
tations to the Commission shall be limited to no 
more than 15 minutes per speaker, unless ex- 
tended by a vote of the Commission. 

(g) Meetings of the Commission, except for the 
executive session, are open to the public. I he 
executive session of the Commission meeting is 
closed to the public. Only stalT of the OSP may 
take part in the business session portion of the 
meeting; other persons may participate if spccif- 
icall\- invited to do so by the (.duiinnan. 

(h) ,\ny person wishing to present written ma- 
terial to the Commission should prepare nine 
copies to be distributed: one copy to each Com- 
missioner, one copy to Commission counsel and 
one copy to Commission staff. 

(i) All members of the Commission will pro- 
\ide statements of economic interest to the N.C. 
Board of Ethics in the time and fashion required 
by that Board. 

Statutory Authority G.S. 126-4. 

.0108 COMMISSION ST.VFF 



'.// 



>:i iXORTH C.4R0LL\A REGISTER May I, 1990 



PROPOSED RULES 



(a) The OSP is the administrative staff for the 
Commission. The Employee Senices Division 
provides direct staff support to the Commission. 

(b) Mail addressed to the Commission may be 
sent to the Director, Employee Services Division, 
1 16 West Jones Street, Raleigh, N.C. 2761 1. 

(c) ITie State Personnel Director is the regis- 
tered agent for service of legal process on the 
Commission. 

Statutory Authority G.S. 126-4. 

.0109 COMMISSION ACTIONS 

All decisions of the Personnel Commission, ex- 
cept those relating to employee grievances, are 
rendered in open session. Decisions of the 
Commission involving employee grievances are 
reached in executive session and communicated 
in writing from the State Personnel Director. 
Information relating to such decisions will not 
be released publicly until the OSP has received 
notice that each party has recei\'ed a copy of the 
Commission's decision. 

Stalutoiy Authority G.S. 126-4. 

.0110 MOTIONS 

Motions may be made by any member of the 
Commission, including the Chairman. Eor fur- 
ther action to be taken, the motion made must 
be seconded by at least one other Commissioner 
other than the member who made the motion. 
A motion which is not seconded after two calls 
for seconds by the Chairman shall die and not 
be acted upon. A motion which was properly 
seconded shall be discussed to the extent the 
Commission desires before any vote is taken. A 
vote may be taken only after all discussion has 
been concluded. The Chairman may close dis- 
cussion, at his discretion, and call for a vote. 
Minutes of the Commission will reflect the name 
of the Commissioner making the motion and the 
name(s) of the Commissioner(s) seconding the 
motion. 

Statutoiy Authority G.S. 126-4. 

.0111 \OITNG 

At the appropriate time, in accordance with 
Rule .0110 of this Section, a properly seconded 
motion shall be voted on by the members of the 
Commission present. All members present, in- 
cluding the Chairman, must either vote or ab- 
stain. All votes shall be voice votes, unless 
otherwise decided by the Commission, with AYE 
signifying agreement with the motion and NA^' 
signifying disagreement with the motion. Any 
member, including the Chairman, ma\' ask that 



a vote be taken by raising hands, so that a defi- 
nite count of the vote may be taken. Motions 
which receive a majority favorable vote are 
adopted. Motions which receive a tie vote or a 
majority negative vote are not adopted. Minutes 
of the Commission will reflect the vote taken on 
each motion and the outcome of the vote. The 
minutes will also reflect the names of each com- 
missioner with his vote if voting is done by hand. 
Any Commissioner abstaining from a vote will 
be so indicated in the minutes. 

Statutory Authority G.S. 126-4. 

.0112 ABSTENTION 

A commissioner who has any conflict of inter- 
est, either actual or apparent, shall abstain from 
taking any part in any action before the Com- 
mission. This abstention shall include, but is not 
limited to, refraining from discussion in the pub- 
lic or business session, making of or seconding 
of motions and voting. A commissioner who is 
abstaining from an action the Commission is 
considering should announce such abstention at 
the earliest possible time in the public or business 
session and prior to any discussion or vote on the 
action. 

Statutory Authority G.S. 126-4. 

.0113 DUTIES OI THE CHAIRMAN 

The Chairman shall be authoriy.cd to perform 
at least the following duties and responsibilities 
at each meeting of the Commission: 

(1) The Chairman shall call the meeting to or- 
der. 

(2) The Chairman may make opening remarks 
as he deems neccssars'. 

(3) I he Chairman shall introduce each portion 
of the meeting and make whatever remarks 
he deems necessary' as part of the introduc- 
tion. 

(4) The Chairman may extend or limit, on his 
own or upon the vote of the Commission, 
the time allotted for a speaker making a 
presentation to the Commission. 

(5) The Chairman shall call for motions, sec- 
onds, discussion and votes as appropriate. 

(6) The Chairman may call for a recess or meal 
period as appropriate. 

(7) The Chainnan shall adjourn the open por- 
tion of the meeting and begin the executive 
portion of the meeting. 

(8) The Chainnan shall call for the 
adjournment of each meeting. 

(9) The Chainnan may direct the removal of 
individuals from Commission meetings for 



5:3 NORTH CAROLINA REGISTER May 1,1990 



27 S 



PROPOSED RULES 



disruptive conduct or failure to comply with 

Commission rules. 
The Chairman shall have the authority to exer- 
cise such other responsibihties not enumerated in 
this Rule which are necessary to the performance 
of the business of the Commission. 

Statutory Authority G.S. 126-4. 

.0114 OKDKR OK BLSINKSS 

Unless changed by a vote of the Commission, 
the order of business at each meeting of the N.C. 
State Personnel Commission will be as foUows: 

( 1) Call to order by the Chairman. 

(2) Call for reading/approval of minutes of the 
last meeting. 

(3) Public hearing session. 

(4) Business session. 

(5) Oral presentations by contested case hear- 
ing parties. 

(6) Executive session. 

(7) Adjournment of meeting. 

Additional portions may be added by vote of the 
Commission. 

Statutory Authority G.S. 126-4. 

.0115 SI'KCI.\L MKETINGS 

Other than the regularly scheduled meetings (see 
Rule .0107 of this Section), a meeting may be 
called at any time by a majority of the Commis- 
sion. Such a meeting must be announced in ac- 
cordance with G.S. 143-318.10 and conducted in 
accordance v\ith this Section. Special meetings 
may be full meetings with a regular order of 
business as set out in this Rule or they may be 
limited to one or more special matters. 

Statutory Authority G.S. 126-4; I43-3IS.I0. 

.0116 Dl IIES OF CHAIRM.VN BETWEEN 
MKKIINGS OF THE COMMISSION 

The Chairman of the Commission shall have 
such duties and responsibilities between each 
meeting of the Commission as the Chairman 
and or the Commission detennine to be neces- 
sary, including but not Limited to: 
(1) Receipt and response to correspondence 

addressed to the Commission; 
(2| Re\'iew of proposed agenda of meetings; 
(3) Admimstration of matters regarding at- 
tendance and credentials of members of the 
Commission. 

Statutory Authority G.S. 126-4. 

.0117 STANDINr,/SPECI.\L COMMITTEES 



The Chairman of the Commission shall appoint 
such standing or special committees as the 
Chairman or the Commission shall deem neces- 
sary. The Chairman shall designate the Chair- 
man of each committee from among its members 
and shall be an ex officio member of all com- 
mittees. A majority of the duly appointed 
members of a committee shall constitute a quo- 
rum. 

Statutory Authority G.S. 126-4. 

.0118 MINUTES 

Mmutes and other records of all Commission 
meetings shall be kept under the direction of the 
Director of the Employee Services Division of 
the Office of State Personnel, such record to be 
supplemented, as necessary', by electronic re- 
cording. Minutes shall be maintained in the 
Employee Services Division of the Office of State 
Personnel permanently. 

Statuton' Authority G.S. 126-4. 

.0119 NOTICE OF COMMISSION .VCTION 

In accordance with N.C. G.S. Chapter 150B, the 
State Personnel Director or an appropriate 
designee shall be responsible for the timely issu- 
ance of any applicable notices to those parties 
who. pursuant to the statute in this Rule, must 
be given legal notice of Commission meetings, 
hearmgs, decisions and otficial actions. 

Statutory Authority G.S. 126-4: I SOB. 

.0120 APPOINTMENT OF MC E-CII.VIRMAN 

The Chainnan sh;dl appoint a vice-chainnan, 
who shall serve at the pleasure of the Chairman, 
to preside over meetings of the Commission if 
the Chairman is unable to attend a meeting. The 
authority of the Vice-Chairman shall be limited 
to presiding o\er the meeting in the absence of 
the Chairman. The Vice-Chairman shall exercise 
only those powers necessary to carry out the re- 
sponsibilities of the Chairman at the meeting in 
the absence of the Chainnan. 

Statutory Authority G.S. 126-4. 

SLBCII.\PTER IC - PERSONNEL 
ADMINISTRATION 

SECTION .0200 - (TNKRAI EMPI O^MENT 
POI K IKS 

.0215 EMPLOYMENT CONTR.\CTS 

(a) No person shall be required, as a condition 
of employment subject to N.C. G.S. Chapter 126 
to enter into a contractual arrangement with any 



279 



5:i NORTH CAROLINA REGISTER May 1,1990 



PROPOSED RULES 



state agency or university for employment with 
that agency or university. I lowever, this shall 
not prohibit apprenticeship agreements for train- 
ing purposes when executed . according to the 
provisions of N.C.G.S. Chapter 94. 

(b) No state agency or university may require, 
as a condition of employment, that a person 
agree, in writing or otherwise, to a minimum 
specified length of employment, except for the 
minimum training period specified in an appren- 
ticeship agreement duly executed under Cj.S. 
Chapter 94. 

Statutory Authority G.S. 94; 126-4. 

SLBCHAPTER ID - COMPENSATION 

SFXTION .0500 - SEPARATION 

.0504 REHUCTION IN FORCE 

(e) Leave afl4 Salup/ Incrouoof i 

fi) I oavo Without Pay. Te- onablo additional 

biJuufitD, omployuoo ochodulod fof 

reduction in forco shall, upon thoir Fe- 

quLHit, be plac e d wi \iia\a >vithout pay **a- 

Statutory Authority G.S. 126-4. 

.0509 SEVERANCE SALARY CONTINUATION 

Severance salarv' continuation shall be paid to a 
state employee who is terminated as a result of 
reduction-in-force. This policy provides for uni- 
form apphcation of severance salary continuation 
for employees who are involuntarily separated 
due to reduction-in-force. Payment is based on 
total state service supplemented by an age factor. 
The age factor recognizes that older employees, 
although protected from discrimination on the 
basis of age, do have a more difficult time finding 
new employment due to lack of transferable 
skills, current salary level, geographic location 
and other factors. 
(1) Eligible Employees: 
(a) .A permanent full-time or part-time (20 
hours or over) employee who does not 
obtain another permanent job in state 
government by the effective date of the 
reduction-in-force shall be eligible for 
severance salary' continuation vvhothor 
when separated, ef placed i» loaso with 
e**4- pav i . tatu ' j. This shall not apply to 
employees whose reduction-in-force is not 
considered permanent; that is, employees 
who are rcducted-in-force on a temporary' 
or seasonal basis with the expectation that 
they will return to work within twche 
months. 



Statutory Authority G.S. 126-4(10); 143-27.2. 

.0517 LEAVE 

(b) Sick Leave. Accumulated sick leave at the 
time of separation shall be reinstated if reem- 
ployment occurs within three years. 

fe) L e av e Without Pay Option. lr» e nabl e a^ 
ditional benefits, omployoeo t . choduled *«• h% sep- 
arated shall, upon their request, be plac e d m a 
l e ave without pay status. 

(4) Salap y ' Incroasoo. tf r e employed during the 

I *1 \--'I T V rTTTTTTTTT cTCTT^T^T^ 1 1 1 1 l\J KM.\ 1 1 1.TJ rTT^^^^r^T CT 9UIUJ. T 

increase shall be considered ift determining oligi 
bUity fof the no.\t increase. 

Statutory Authority G.S. 126-4(6), ( 10). 
SECTION .0600 - REALLOCATION 

.0610 REALLOCATION TO A LOWER GRADE 

(a) Wlien an employee's position is assigned to 
a lower grade, ti*e employee's salary may remain 
the sam e if it i* within the lower range; e* it may 
be r e duc e d te afty- salary h* the lower range t» 
equitably relate t& other employees' salaries m 
the same »f related classifications. 

(h) tf the e mployee's solar , i^ above the maxi 
mum ef the grade t» vshich the position i* a*- 
Mgnod, one of the following options will apply: 
(1) When reduction in level of the position 
results from management decisions on 
program changes, reorganization, or other 
management needs not associated with 
the employee's demonstrated motivation, 
capabihty, acceptance of responsibility or 
lack of performance, the salar>' e+" the ew»- 
ployoe may remain abo' . o the Hew maxi 
mum ae long as the employee remains i» 
the same classification e* is promoted t» 
a higlier level position. rvt» further ift- 
creases, other than legislative increases, 
may be granted as long as the i f alapy fe- 
mains above the maximum, hr hov . e' i er, 
a position is available, the level »f sshich 
would »*t*t he as detrimental t» the a^ 
fee ted employee, afni if the employee ts 
qualified httt »h4- plac e d mt» the position, 
then the option ift- Paragraph {¥f si this 
Rule shall apply, the position must be 
reallocated to the approved classification 
and grade in accordance with the pro- 

.()6()0(b). Rl- 
ilKilll'R 



visions of 25 N(',\C 



ALLOCATION 
GRADE. 



_ 112 
lO A 



(b) (ef It is a management responsibility to 
avoid creation of salary' inequities among em- 
ployees. Each case must be evaluated to deter- 
mine which of the salary' administration 



5.i NORTH CAROLIN.A REGISTER May I, 1990 



2S0 



PROPOSED RULES 



altemati\C5 is most appropriate, based on the 
circumstances as documented b\- the employing 
agency. 

Slatutory Authority G.S. 126-4. 

SF.CTION .0700 - SAI,ARY RANGE KKVISION 

.0701 DKIIMIION 

(a) Salary range revision is any change in a sal- 
ary range approved by the State Personnel 
Commission, and resulting from changes in the 
labor market, organi/ational rcstructunng or 
technical adjustments initiated for salary admin- 
istration purposes. 

(b) I'hc primary purpose of a range rc\ision is 
to pnn ide current and competitive hiring rates 
for the use of managers with recruitment re- 
sponsibilities. Revisions resulting from upward 
changes in the labor m.irkct sen,'ice another pur- 
pose in helping reduce the \"ulnerabilit\ of em- 
ployees to external job otters u hen their salaries 
are below the market a\erage as retlected bv the 
mid-point of the salary range. 

Statutoty Authority G.S. 126-4. 

.0706 RANCK RK\ ISIONS Dl K \0 

( iian(;ks in ink i.auor markkt 

When iH* emplo' i uo'! . poL . ition a classification is 
assigned to a higlier grade as a result of iiulupy 
run go rL" i i ' . i ion. changes in the labor market, sub- 
ject to the availability of funds and satisfactory 
employee performance, salary increases, not to 
exceed the ma.ximum of the range, may be gi\'en 
in accordance with the foUowing: 
(3) Salaries within the range mtty remain t+h? 
'. ame: Hf do not ha\e to be increased: but. 
if funds are a\ailable and where appropnate. 
indis'idual salary increases may be consid- 
ered, the total not to exceed five percent for 
each salary grade pro\ided by the salary 
range revision. Salary equity within the 
work unit and other management needs 
must be gi\en consideration when making 
such requests. 

Statutoiy Authority G.S. 126-4. 

.071 1 ran(;k kk\ ision.s Dl F ro 

IKCIINICAI .\n.ll SIMI NIS in OSI' 

Revisions of this type involve changes to the 
classification structure such as inserting new 
ranges, renumbering the ranges, establishing new 
classification structures for specialized occupa- 
tional groups, and changing the length of ranges. 
There shall be no salan.^ changes resulting from 
technical adjustments. 



Slatutory Authority G.S. 126-4. 

.0712 RANGE REVISIONS DLE TO 

ORGANIZATIONAL RESTRLCTL RING 

Revisions of this type may occur through 
internal reorganization or changes in class spec- 
ifications and salary increases or decreases are not 
contemplated. However, if substantial increase 
or decrease of position responsibilities should 
accompany the range revision, and can be prop- 
erly documented, the rules in this Section for la- 
bor market changes m.ay be applied as a 
management prerogative. 

Statutory Authority G.S. 126-4. 

SI BCIT\PTER IK - F'KRSONNEI. IRAINING 

SECTION .0500 - API'KENTK ESIIIP TRAINING 

.0502 APPOINTMENT PROMSIONS 

AW applicant '. rtH4 employuL". . L ' utering appron 
tici."jhip programs . '. haU bt» raibjoot te- t+w* traint'O 
appointmi.«nt pros i i. ioii '. b+~ t-ht* Stat e I'er ' jonncl 
Comnip .'. ion. fJH^ i^ NCAC" -14^ Section .0200, 
i^^Utle^ r»^44X - .020H.) AH persons cntenng an 
apprenticeship program supported bv funding 
Irom positions subject to the State l^ersonnel Act 
shall recei\e a regular trainee appointment, and 
shall recene the same emplo\ ment benefits as 
other Sl'-V empknees w ith trainee appointments. 
I pon successful completion of an apprenticeship 
program, an apprentice who enters regular state 
emploMnent shall recene a permanent appoint- 
ment. 

Statutoiy .Authority G.S. 126-4. 

SLBCTIAPTER IL - .\l EIRMATINE .\CTION 

SECnON .0200 - A( Ql IKED IMMl NE 

DEEICIENCA SYNDROME (AIDS) IN HIE 

WORKPI .\( E 

.0201 PI KI'OSE 

North Carolina state government acknowledges 
its obligation as an employer to provide a safe 
and healthful work en\ironment for all of its 
employees. Furthermore, the State recognizes 
the emplo\ment-related rights and concerns of 
emploNces who may be exposed as a part of their 
job duties to or who ma\' ha\e III\' infection. 
In light of the concerns and the increasing inci- 
dence of AIDS, an infectious disease not trans- 
mitted b\' casual contact, state government has 
developed this policy to provide implementatiim 
guidance for all managers and emplo\ ees on how 
to deal with AIDS in the workplace, f-urther, 
tliis policy has been developed to address morale. 



2A7 



.v.? SORTH CAROLINA REGISTER May I, 1990 



PROPOSED RULES 



productivity, safety, anti-discrimination, confi- 
dentiality and other areas that are impacted by 
this policy. 

Statutory Authority G.S. 126-4. 

.0202 POLICY 

It is the policy of state government to provide 
a work environment to protect the heahh and 
well being of all of its employees. To this end, 
the state will provide education and training, 
work practices, procedures, and ensure that em- 
ployees who are exposed to or have HIV in- 
fection are provided with confidential, fair and 
equal treatment. Additionally, this policy out- 
lines the rights and responsibilities of supervisors 
and employees regarding HIV infection in a work 
environment. 

Statutory Authority G.S. 126-4. 

.0203 EDUCATION AND TRAINING 

All agencies and institutions of State govern- 
ment will undertake an education and training 
program. Ihis program will have two compo- 
nents: a basic education and training component 
for all employees and an advanced education and 
training component for employees who perform 
tasks that have a greater potential for exposure 
to the HIV vuns. 

Statutory Authority G.S. 126-4. 

.0204 BASIC KDLCATION AND TRAINING 
COMPONENT 

(a) To insure consistency the Office of State 
Personnel, with guidance from the State Public 
I lealth Director, will identify or develop basic 
education and training programs which agencies 
provide for their employees. 

(b) Through the WISE program coordinators 
in each agency and with the assistance of profes- 
sional health educators, all employees will be of- 
fered training w ithin two years from the adoption 
of this policy, and thereafter for new employees 
within six months of initial employment. A 
Certificate of Completion will become a part of 
the employee's personnel record. 

Statutory Authority G.S. J 26-4. 

.0205 AD\ VNCED EDI CATION AND 
TRAINING COMPONENT 

(a) I he Office of State Personnel will identify 
training modules and resources as approved by 
the State Public Health Director wliich will ad- 
dress the special education and training needs of 
employees who perform work related tasks that 
have a potential for exposure to the HIV virus. 



Each agency shall adopt these resources to their 
own work force needs. 

(b) Each agency with employees requiring ad- 
vanced training will provide such training within 
six months from the adoption of this policy. 
Agencies must provide training for new employ- 
ees during their work orientation period. The 
Agency shall appropriately document the em- 
ployees' compliance with this policy. 

(c) All employees shall periodically be provided 
updated general public health information issued 
by the State Public Health Director or the U.S. 
Centers for Disease Control. Such educational 
literature shall be distributed as appropriate after 
further approval by the State Personnel Director 
in consultation with the State WISE Advisory 
Board. Appropriate records are to be maintained 
by the agency as proof of completion of any pe- 
riodic update of employee education. 

Statutory Authority G.S. 126-4. 

.0206 ANTI-DISCRIMINATION 

It is the State's policy not to discriminate 
against any applicant or employee because he is 
suspected of having AIDS or HIV infection. The 
State recognizes that employees with AIDS or 
HIV infection may wish to continue working. 
As long as employees are able to satisfactorily 
perform the duties of the job and there is no 
medical evidence indicating that their condition 
is a health threat to themselves, co-workers or the 
public, employees shall not be denied continued 
employment solely because of their medical con- 
dition. 

Statutory Authority G.S. 126-4; l6SA-3(9). 

.0207 lESIINC; AND EXAMINAIION 

Medical tests and examinations to determine the 
presence of HIV associated conditions are pro- 
hibited except as authorized by state and federal 
law or required by the rules of the Commission 
for Health Services. An employee who suspects 
that he has had a nonsexual blood or body fluid 
exposure to the HIV virus while on the job may 
voluntarily elect to be tested for the virus, pro- 
vided that the suspected exposure can be verified 
by a medical expert as an exposure that poses a 
significant risk of transmission of HIV. The cost 
of tests for the exposed employee shall be borne 
by the employer, if requested by the employee. 
Some employees may prefer to pay for their own 
test through a personal or fimily ph\sician, or 
use the free testing of a PubUc Health Depart- 
ment. 

Statutoty .-iuihority G.S. J 26-4. 



5:3 NORTH CAROLINA REGISTER May 1,1990 



2S2 



PROPOSED RULES 



.0208 CONFinKMIAI.ITV 

Confidentiality shall be strictly maintained by 
the agency for any employee with HIV associated 
conditions required by existing confidentiality 
rules and laws. Any current confidentiality poli- 
cies that are in force shall be updated by the 
agenc_\- to include the HIV poHcy. 

Stalulory Authority G.S. 126-4. 

.{)2W COMIM.AIMS .AM) DISC IPI, INK 

The State acknowledges that employees with 
HIV infection as well as their co-workers may 
have concerns for their own health and s;ifety. 
.Managers are to pursue all appropriate actions to 
respond to the concerns of all employees. The 
state recognizes the rights of employees to gnev- 



ance procedures. Ihe employer has an equal 
right to maintain a harmonious and productive 
work en\ironinent that is free from disruptive or 
inconsiderate behavior, or from the refusal of any 
employee to perform work at assigned times and 
locations. If insubordinate or disruptive actions 
occur, managers are to foUow the normal disci- 
plinarv' procedures described in 25 NCAC IJ 
.0600,' DISCIPLINARY ACTION, SUSPEN- 
SION AND DISMISSAL: provided, however, 
an agency or institution shall first pro\ide coun- 
seling by a medical expert to an emplo\ee who 
fears that a serious health risk is created by the 
presence of a co-worker who has AIDS or HIV 
infection. 

Statutorj Authority G.S. 126-4. 



2S^ 



.5;.? ^OR TH CA ROLINA REGIS TER 



Miiv /, 1990 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

1- 151 1 - April 

152- 235 2 - April 

236- 285 3 - May 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



AGRICULTURE 

Plant Conser\ation Board, 1 PR 
Structural Pest Control Committee, 7 PR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR 

ECONOMIC AND COMMUTsITV DEVELOPMENT 

Banking Commission, 16 PR 
Community Assistance, 25 PR 
Milk Commission, 24 PR 

ENA IRON.MENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR 

Environmental Management, 54 PR, 193 PR 

Health Scr\ices, 190 PR 

Marine Fisheries, 63 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241 

FINAL RULES 

List of Rules Codified, 143 I-R, 226 FR 

GO\ ERNOR/LT. GOVERNOR 

Executive Orders, 236 



5:i NORTH CAROLINA REGISTER May 1, 1990 284 



CUMULA TIVE INDEX 



HIMAN RESOL RCES 

Health Sen'ices, 152 PR. 245 PR 

Medical Assistance, 191 PR 

Mental Health, Mental Retardation and Substance Abuse Sen'ices, 29 PR, 

Social Sen-ices, 247 PR 

Water 1 reatment Facility Operators Board of Certification, 27 PR 

Youth Scnices, 261 PR' 

rsSLRANCE 

Life: Accident and Health, 264 PR 

.JISTICE 

Attorney General, Office of the, 192 PR, 273 PR 

LICENSrSG BOARDS 

Medical Fxaminers, Board of, 207 PR 

PI BLIC EDUCATION 

FlementaPv- and Secondan,-, 141 PR, 275 PR 

REVENUE 

Sales and Use Tax, 213 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR 

TRANSPORTATION 

Motor \'ehicles. Division of, 222 FR 



185 5:3 NORTH CAROLINA REGISTER May 1.1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 52 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 



Volume 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


FuU Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 

10 

10 

10 

10 
10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 

11 


1 - 37 
I -24 
25- 52 
1 - 4 
1 - 2 

3- 20 
I - 2 
3-4 

1 - 4 
1-11 
1 - 9 
1 - 4 

I - 2 
3A- 3K 
3L-3R 

3S - 3U 

4- 6 
7 

8- 9 
10 

II - 14 
15- 17 
18 

19- 30 
31 - 33 
34-41 
42 

43- 51 
1 - 15 


All titles 

Administration 

Agriculture 

Agriculture 

Auditor 

ECD (includes ABC) 

ECD 

Correction 

Correction 

Council of State 

Cultural Resources 

Elections 

Governor 

Human Resources 

Human Resources 

Human Resources 

(includes CON) 
Human Resources 
Human Resources 
Human Resources 

(includes Brcathalizer) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 

30.00 
60.00 
90.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 




1 




2 




3 




4~ 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 






Continued 



\'olumc 


Title 


Chapter 


Subject 


New 
Subscription* 


Quantity 


Total 
Price 


29 


12 
13 
13 
13 
14A 

15A 

15A 

15A 

15A 

1 5A 

1 5A 

16 

17 

17 

18 

19A 

20 

21 

21 

21 

23 
24 
25 
26 


1 - 12 
1 -6 

7 

8-15 

1-11 

1 - 2 
3- 6 
7 

8-9 
10 

11-22 
1 - 6 
1 - 6 
7- 11 
1 - 7 
1 -6 
1 -9 
1 - 16 
17- 37 
38- 70 
1 -2 
1 -2 
1 - 2 
1 
1 -4 


Justice 

Labor 

OS HA 

Labor 

Crime Control and 

I'ublic Safety 

EHNR (includes EMC) 

EIINR 

Coastal Management 

EHNR 

Wildlife 

IHNR 

I'ducation 

Revenue 

Re\enue 

Secretap,' of State 

Transportation 

Treasurer 

I icensing Boards 

T.icensing Boards 

Licensing Boards 

Administrati\'e I'rocedures 

Communit\ Colleges 

Independent Agencies 

State Personnel 

Administrati\'e I learings 


90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 
60.00 
30.00 
75.00 
60.00 
30.00 
90.00 
45.00 
75.00 
75.00 

75.00 
10.00 
10.00 
60.00 
10.00 






30 






31 






32 






33 






34 






35 






36 






37 






38 






39 






40 






41 






42 






43 






44 






45 






46 






47 






48 






49 






50 






51 






52 







Total 



(Make checks payable to Office of Administrative Hearings.) 

* Ihis price includes the title in its current fonn plus supplementation for the subscription year. 
Subscription years are Januaiy I tlirough December 31 . 



MAIL TO: 



OLEICE OE ADMINISTRATIVE IIFARINGS 

POST OEl ICI- DRAWI R llf-66 

RAI TICiH, NORTH CAROI INA 27604 



X^LZ BU110JB3 quoN 'qSiaica 

99911 jaMBJQ O d 

s3uue3H SApBJisiuiuipy jo asijjo 



!iaH 

IVIS 
IVld 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) 

Renew North CaroUna Register 

Check Enclosed D Please bill me 

2ase make checks payable to Office of Administrative Hearings 

VME ADDRESS 

TY STATE ZIP 

lONE 



eturn to Office of Administrative Hearings - fold at line, staple at bottom and affix postage. 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings * t/il^S-'TV 1 

p. O. Drawer 11666 .. i'^3 -- ^ - * - 

: ;iE LAV;; 



Raleigh, North Carolina 27604 



, .J 



^^^'^A 



m-vm 






\ 



/ 




FIRST CLASS MAIL 



- :.^ 



UNIU. OF ^^P^^ CfifC^l^h 



CHftF^u HI: 



FT"sCH ;i4- 



iC 2^-H